Transaction of sale in question not covered under consumer protection laws; complainant entitled to refund of payment made.

1. Complainant has filed this consumer complaint against opponent for getting possession of flat alongwith other reliefs. Brief facts of the case are as under :

2. Opp.No.1 alongwith other opponents are the owners and developers of plot of land bearing CTS No. 122, Tika No. 1 lying at Village Chendani Koliwada, Thane (E), Tal. Dist. Thane. Opp.No.1 to 3 have jointly constructed a building on the said plot and the said building is known as Anusaya Apartment. Complainant was in need of residential accommodation. Hence, he had come in touch with Opp.No.1 who made representation to complainant to sell flat. Believing the representations made by Opp.No.1, complainant agreed to purchase flat from Opp.No.1. In view of the same, a M.O.U. was executed in respect of the said flat No. G - 1 having carpet area 360 sq.ft. situated in Anusaya Apartment constructed on land bearing CTS No. 122, Tika No. 1 lying at Village Chendani Koliwada, Thane (E), Tal. Dist. Thane in between complainant and Opp.No.1 on 23/3/2016. Complainant had paid amount of Rs.15 lakh to Opp.No.1 out of total sale consideration of Rs.23 lakhs. He had also deposited amount of Rs.2 lakh with Opp.No.1 towards registration and stamp duty of the document. Opp.No.1 had acknowledged amount of Rs.15 lakh paid by complainant in MOU executed by him. However, after March 2016, Opp.No.1 had expressed his inability to sell the flat to complainant as agreed by him. Hence, complainant had demanded amount paid by him to Opp.No.1. Thereupon, Opp.No.1 had given one post - dated cheque of Rs.15 lakh to complainant. However, the same was dishonoured for insufficient funds. Since then, neither opp.No.1 had given possession of flat to complainant nor refunded amount to complainant. Complainant has filed this consumer complaint against opponents for getting possession of flat No. G - 1 situated in Anusaya Apartment on demand of balance amount of sale consideration. Complainant has claimed compensation on account of mental pain and cost of litigation. Complainant has also claimed damages of Rs.10,000 per month by way of compensation for withholding possession of flat by opponents. In alternate, complainant has claimed the market value of that flat of Rs.32 lakh alongwith interest on that amount alongwith cost and compensation.

3. After admission of consumer complaint, notices of consumer complainant were sent to opponent. However, notices returned back with endorsement "left". As fresh address of opponent was not available, complainant served opponent by way of paper publication. However, no one appeared on behalf of opponent to contest this consumer complaint. Hence, by passing order on 17.9.2018, this Commission directed this complaint to proceed ex parte against opponents.

4. Thereafter, complainant filed his affidavit of evidence on record alongwith documents and notes of arguments. I have gone through the same and decided the consumer complaint on merit.

5. In this case, it is admitted fact that the alleged flat No. G - 1 situated on ground floor of building by name Anusaya Apartment constructed on land bearing CTS No. 122, Tika No. 1 lying at Village Chendani Koliwada, Thane (E), Tal. Dist. Thane was owned by opponents. Opp.No.1 had agreed to sell this flat to complainant for total consideration of Rs.23 lakhs. In that respect, MOU was executed in between complainant and Opp.No.1 on 23.3.2016. Under this MOU, complainant had deposited amount of Rs.15 lakh with Opp.No.1 and had also paid amount of Rs.2 lakh in cash to Opp.No.1 towards execution of registration of this document. It appears that Opp.No.1 has refused to give possession of this flat to complainant. Hence, complainant has filed this complaint against opponent for getting possession of flat alongwith other reliefs. However, in this case, it is required to be c