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3. The commission, having examined the contents of complaint,
affidavit evidence of complainant and Ex-C1 to C11 now
Commission to decide the case on the alleged deficiency in service
on the part of OPs 1 to 5.
4. It is found from the proceedings that OPs were in judicial
custody for some time and it is not known about their
whereabouts, since they failed to actively participate before this
commission. In such circumstances, considering the contents of
complaint, affidavit evidence being reiteration of the contents of
complaint which being supported by Ex-C1 to C11, complainant
has to be held proved alleged deficiency in service on the part of
OPs. If we examined the documents placed on record are
establishing about the payments of Rs.24,07,500/- made to the
OPs in respect of an apartment in pre-launch project which is
never completed and the amount paid by the complainant having
been utilized by Ops never been returned. In such circumstances,
complainants having been invested their hard earned money are
be held entitle for interest, had they invested such money in any
other project could have acquired similar such Flat or property. In
such circumstances the OP are held liable to pay interest as
claimed at 18% per annum from 06.06.2017 to meet the ends of
justice.