MAYUR Vs. M/S RADHAKRISHNA BUILDTECH PVT. LTD.

JUDGEMENT

(1.) Brief facts that in the year 2014, the Complainants booked a 2-BHK unit / flat in the project 'Coral City ' of M/s Radhakrishna Buildtech Pvt. Ltd (hereinafter referred to as the "Opposite Party No. 1 ") at Jaipur, Rajasthan. Each Complainant paid booking amount of Rs.2,50,000.00 and the letter of allotment was issued. It was alleged that the possession of each flat was to be delivered by 31/12/2015. However, the Opposite Parties failed to complete the project and handover possession of the respective units by the said date. For the undisclosed reasons the Opposite Parties arbitrarily cancelled the project and vide letter dated 15.04.2017 offered to refund the booking amount along with interest @ 9% p.a. to each Complainants. However, even after lapse of 6 months the Opposite Parties did not refund the booking amount of Rs.2,50,000.00 . Therefore, on 14.12.2017, a legal notice was served upon the Opposite Parties, but there was no avail.

(2.) Being aggrieved, the Complainants filed the instant Complaint under Sec. 12(1)(c) read with Sec. 21(a)(i) of the Consumer Protection Act, 1986 against the Opposite Parties / Builder Co. for indulging in unfair trade practice and deficiency in services. The Complainant prayed for a direction to the Opposite Parties to refund the booking amount of Rs.2,50,000.00 at an interest rate of 21% p.a. from the date of booking to each Complainant; a compensation of Rs. 5,00,000.00 towards mental agony to each Complainant; and Rs. 2,00,000.00 as litigation cost to each Complainant.

(3.) The Director of the Opposite Party Builder Co., Mr. Giriraj Daga filed a joint written statement. It was submitted that the builder Co. floated a scheme 2 BHK flat in "CORAL CITY " at Jaipur and the booking amount of Rs.2,50,000.00 was accepted from each Allottees during July to November 2014. The Opposite Parties raised preliminary objection on maintainability of the Complaint that the Complainants booked the flats not for their personal use, but for investment purpose. The Complaint was filed intentionally before this commission under Sec. 12(1) c of the Act, 1986 to avoid the jurisdiction of the District Forum, Jaipur. It was further submitted that due to unavoidable circumstances, the Opposite Parties had to cancel the said project and it was intimated to each Allottees without any delay and requested them to file an affidavit with respect to "cancellation of booking " in order to refund the booking amount of Rs. 2.5 lakhs at an interest of 9% p.a. But none of the Allottees furnished the affidavit; therefore the refund of their booking amount could not be initiated by the Opposite Parties. The Opposite Parties also denied acknowledgement of any legal notice dated 14/12/2017 from the Allottees.