Order No.  15  dt.  07/06/2018

        The case of the complainant in brief is that the complainant paid an amount of Rs.2,00,000/- (Rupees Two Lakh) only and o.p. agreed to pay the monthly installment and certificate was issued by the o.p.s to that effect. The complainants after payment of the said amount got interest for the some period and cheques were issued to that effect. After the maturity of the amount the complainant asked for the maturity sum but the o.p.s failed to provide the same. For which the complainant filed this case praying for direction upon the o.ps. for refund of the amount of Rs.2,00,000/- (Rupees Two Lakh) only and also prayed for compensation and litigation cost.

            The complainants in order to substantiate his claim by filed some documents including the copy of the certificate wherefrom it is evident that the amount was paid by the complainant to the o.ps. It is also evident from the record that the complainant demanded the said amount from the o.ps., the o.p.s in spite of receiving the letter did not pay any heed. The complainant after filing of this case tried to serve the notice upon the o.p.s but the o.p.s  avoided to receive the notice for which he complainant had to publish the notice through newspaper.  In spite of the publication of the notice in the newspaper, the o.p.s did not turn up as such the case has proceeded ex-parte. The complainant in support of their case filed the documents and the evidence of the complainant has remained unchallenged. Therefore, we hold that the complainant will be entitled to get the refund of money as well as the litigation costs.

               Hence, ordered,           

That the CC No. 109/2017 is allowed ex-parte with cost against o.p.s. the o.ps. are jointly and/or severally directed to pay Rs.2,00,000/- (Rupees Two Lakh) only along with the  compensation of Rs.30,000/- (Rupees Thirty Thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees Ten Thousand) only  within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.