Hon’ble Mr. Ajeya Matilal, Presiding Member

Ld. Counsel appearing for the Complainant is present.

Today is fixed for ex-parte hearing.

Heard the Ld. Counsel concerned in full.

This is a case U/s.17 of Consumer Protection Act, 1986 valued at Rs.49,83,287/-.

The fact of the case is in short like that O.P No.2, a registered company having corporate office at Rajiv Gandhi Technology Park, Chandigarh, Pin-16010 carrying on its business through different regional offices under the O.P No.1.  O.P No.1 was carrying his business at 15, Ganesh Chandra Avenue, Kolkata-700 013.

Opposite Party Nos.3, 4 & 5 are the Directors of Opposite Party Nos. 1 & 2 Company.

The Opposite Party Nos.1 & 2 issued 10 certificates of property bond on realization of consideration amount.  The prices of the bonds were mentioned in the complaint as per schedule.

It was assured by Opposite Party Nos.1 & 2 that they would return the amount mentioned in the maturity bond as mentioned in Annexure-A in the bond.

Subsequently, the Complainant went to office of the Opposite Party No.1 at 15, Ganesh Chandra Avenue, Kolkata-700 013 for realization of the same amount.  But the Opposite Party No.1 did not pay any heed to him.  The Complainant invested the sum for his smooth life savings after retirement.  So, the Complainant filed the case for return of Rs.45,83,287/- with compensation of Rs.4,00,000/- and litigation cost of Rs.1,00,000/-.  A bond was executed for providing the piece of land/villa/apartment in the project.

The Complainant files evidence on affidavit which was not challenged by any sort of cross examination.

Perused the compliant along with evidence on affidavit.

On close scrutiny of the complaint and evidence on affidavit we find that the Complainant has cause of action to file the case.  Complaint was filed within the period of limitation.  The Complainant is entitled to relief as prayed for.

Hence,

It is

O R D E R E D

The complaint case being No.204/2020 is allowed ex-parte against the Opposite Parties.

Opposite Parties are directed jointly and severally to pay Rs.45,83,287/- (Rupees Forty Five Lakh eighty three thousand two hundred & eighty seven only) to the Complainant within 45 days from this order along with compensation cost of Rs.2,00,000/- (Rupees Two Lakh only) and the litigation cost of Rs.50,000/-(Rupees Fifty thousand only), failing which the Complainant will be at liberty to put the order into execution in default it shall carry interest at the rate of interest 7% per annum on the aforesaid amount from the date of this order till payment.

Let a copy of this order made available to the parties free of cost.

Thus, complaint case disposed of.

Note accordingly.