M.THANIKACHALAM J. - (1.) This is a complaint under Sec.17 of Consumer Protection Act, claiming the refund of the advance amount of Rs.31,00,000/-, with interest in addition to a compensation of Rs.1000000/-, based upon deficiency, followed by mental agony.
(2.) Brief facts, required for the disposal of the case: The complainants, on the basis of the advertisement given by the opposite party, had agreed to purchase a flat at Q Block (New No.21, Old No.44, 17th Street, Anna Nagar, Chennai), for which as advance, they have paid the total sum of Rs.31 lakhs on four dates. Pursuant to the understanding, the opposite party did not give entire copy of documents, for legal scrutiny, as well failed to finalise the plan also, despite more than 6 months lapsed. In view of the delay and deficiency, caused by the opposite party, the complainant had cancelled the allotment, by letter dt.1.12.2008, and requested to refund the advance amount, which was not conceded by the opposite party, even despite notice. The non-payment of the refund amount, amounts to deficiency in service, which caused mental agony, and other monetary loss, for which the complainant is entitled to compensation. Thus accusing the opposite party, a claim is made for the total recovery of a sum of Rs.47,20,000/- with subsequent interest on Rs.31,00,000/- at 24% p.a.
(3.) The opposite party admitting the payment of Rs.31 lakhs, as advance, resisted the complaint, contending that, since the cancellation was made by the complainants, on their own, as of right, the complainants are not entitled to refund the entire amount, and even as per the letter, relied on by the complainants, this opposite party is entitled to forfeit a sum of Rs.50000/-, in case of cancellation. This opposite party, never committed any delay or deficiency in service, and in fact the project was completed ahead of schedule. As requested by the complainants also, necessary alterations were made, not offending CMDA rules, and therefore, the accusation by the complainant, as if plan was not approved, delay was caused, are all imagination of the complainant.;