This is a complaint made by one Smt. Mira Adhikary, W/o Ram Narayan Adhikary against ABS Land Development & Construction Pvt. Ltd., Tapan Ghosh, S/o Lt. P. L. Ghosh, Director, ABS Land Development & Construction Pvt. Ltd., and Sk. Mokbul Hossain S/o Sk. Yousuf Ali, Director, ABS Land Development & Construction Pvt. Ltd.,, praying for refund of Rs. 2,20,000/- along with compound interest @ 18% p.a. and compensation and litigation cost for a sum of Rs. 1,00,000/- and Rs. 50,000/-, respectively.
Facts, in brief, are that OP No. 1 is a private limited company, represented by OP Nos. 2 and 3. In the course of their business, OPs took a scheme for establishing a Township under the name and style, “Pailan City – II” and made advertisement. Pursuant to that advertisement, published by the OPs, Complainant agreed to pay Rs. 2,87,500/- and Rs. 2,46,000/- and entered into an Agreement for Sale on 10-06-2009.
Allegedly, although OPs failed to establish the said project, they issued allotment letters in favour of the Complainant. Thereafter, a dispute cropped up and the OPs changed the allotment letters. As the OPs failed to deliver possession of plots, the Complainant sought for refund of the deposited money. Complainant on 04-08-2014 received a sum of Rs. 1,50,000/- from the OPs through one of their agents, S. K. Barman and thereafter, on repeated demands and requests, another sum of Rs. 80,000/- was deposited to the bank account of the Complainant. Thus, a total sum of Rs. 2,30,000/-, out of Rs. 4,50,000/- was paid by the OPs to the Complainant leaving a balance of Rs. 2,20,000/-, payable to the Complainant. It is alleged that although the OPs issued two cheques bearing nos. 000409 and 000410 of Rs. 1,10,000/- each, those cheques were dishonoured by the bank. So, the Complainant filed this case.
On the basis of above facts, complaint was admitted and notices served upon the OPs. However, OPs did not contest this case. So, the case was heard ex parte against the OPs.
Decision with reasons
On due perusal of the petition of complaint and Affidavit-in-Chief, filed by the Complainant, it appears that since part of the money has not been refunded by the OPs, this case is filed by the Complainant.
Main point for determination is whether the Complainant is entitled to the reliefs as prayed for.
Complainant has filed original money receipts toward payment of consideration money by her in respect of Plot Nos. 77 and 558. Further, original copies of Agreement for Sale and letter of allotments reveal that Plot Nos. 77 and 558 were offered to the Complaint at a consideration of Rs. 2,87,500/- and Rs. 2,46,000/- , respectively. Also, two cheques in original bearing nos. 000409 and 000410, each of Rs. 1,10,000/- are placed on record by the Complainant along with Return Memos issued by the bank. All these documents leave nothing to imagination about the veracity of Complainant’s claim as stated in the petition of complaint. Above all, the contention of the Complainant remains unrebutted and unchallenged. Therefore, we find nothing to disbelieve the Complainant.
Taking into consideration aforesaid undisputed position of the case, we are of opinion that the Complainant is entitled to the reliefs as prayed for.
Hence,
O R D E R E D
that CC/202/2016 be and the same is allowed ex parte against the OPs in part. OPs are directed to pay, within two months hence, Rs. 2,20,000/- to the Complainant along with compensation for a sum of Rs. 50,000/- and litigation cost Rs. 20,000/-, i.d., OPs shall be liable to pay interest @ 12% p.a. over Rs. 2,20,000/- after expiry of aforesaid two months till full and final payment is made.
