JUDGMENT

Dr. Satish A. Munde, Hon’ble Member—The Complainants has filed this Consumer Complaint u/s 12 of the Consumer Protection Act, 1986 (we think this is a typographical mistake and we treat it u/s 17 of the Consumer Protection Act, 1986.

2. The brief facts of the Consumer Complaint is as under:—

That the Opponent No. 1 is a Partnership Firm incorporated under the Indian Partnership Act, 1932 of which Opponent Nos. 2 to 6 are the Partners of the said Partnership Firm. The Complainants has booked flat bearing number 1903, admeasuring built up/ carpet area 1352 sq.ft, on the 19th floor of the proposed project known as ‘Dev Saphire’ admeasuring 2000 sq.mtrs, situated at Plot No.80, Sector 45, Kharghar, Navi Mumbai for agreed consideration of Rs.72,50,000/- including development charges, floor rise and parking. The Complainants entered into agreement in the form of letter of allotment dated 20th June, 2014 for purchasing the said residential flat. That out of the total consideration amount the Complainants has paid sum of Rs.15,00,000/- against the said flat. The Opponents failed to hand over vacant, legal and peaceful possession to the Complainants till date inspite of repeated requests made by the Complainants through various request letters. The Complainants issued notice dated 13th August, 2016 through his Advocate for the possession of the said flat but it was not replied by the Opponents. Hence, the Complainants constrained to file this complaint.

3. The complaint is admitted. Notices were issued to the Opponents. The Opponent were duly served but they failed to appear before this Commission. Hence, the complaint is proceeded ex-parte against the Opponents. The Complainants has filed affidavit of evidence and written notes of argument.

4. Considering the complaint, affidavit of evidence and argument of the Complainants, following points arose for our determination and we have recorded our findings for the reasons given below—

:-Reasons:-

As to the point No.1-

5. The Complainants had booked the said flat with the Opponents for total consideration of Rs.72,50,000/-, out of which he has paid Rs.15,00,000/- to the Opponents by various cheques. The particulars are as follows—

Complainants have produced true copies of Bank Passbook of the Complainants. Further, the Complainants has produced the Allotment Letter dated 20th June, 2014 (at page number C-24 to C-31). The Opponents are duly served but they failed to appear before this Commission. Hence, the complaint is proceeded exparte. Hence, the above referred documents are presumed that they are true and correct. Hence, it is sufficient evidence to draw the conclusion that the Complainants is a consumer of the Opponents as per section 2(1)(d) of the Consumer Protection Act, 1986. Therefore, we declare answer to the point No.1 in the affirmative.

As to the point No. 2 –

6. Heard the Advocate for the Complainants. Perused the document produced by the Complainants on record i.e. the Allotment Letter dated 20th June, 2014 (at page number C-24 to C-31) and the true copies of Bank Passbook of the Complainants towards the payment for part considerat