1. The OPs who are the directors of SP Rana Infraventure Pvt. Ltd. launched a Bungalow Project namely ‘SP Rana Malabar’ residency at Banamalipur under P.S. – Cossipore, District – South 24 Parganas and the complainant after coming to know about the said project wanted to purchase a bungalow on 2.5 Cottahs land being Tower No. B – 42 with 1800 Sq.ft. with car parking space at Rs. 45,00,000/-  and paid Rs. 70,000/- on 20.05.2017 and Rs. 4,50,000/- on 30.04.2017. Accordingly allotment letter was issued by the OPs on 14.05.2017 but after site inspection the complainant could not find the traces of bungalow project. This is why he demanded refund of Rs. 5,20,000/- in response to which two cheques were issued by the OPs on 20.08.2018 and 24.08.2018 for Rs. 5,20,000/-. But those cheques got bounced. Demand notice sent on 28.09.2018 by the complainant to the OPs went unheeded. This is the reason for which the complainant has filed this case u/S 12 of CP Act against OPs seeking refund of Rs. 5,20,000/- together with compensation of Rs. 4,80,000/- and cost of Rs. 25,000/-.

2. In spite due to service of notice upon the OPs having been made none of the OPs entered appearance by filing W/V for which the case was heard exparte.

3. The only point which needs to be decided in this case is whether the complainant is entitled to the reliefs sought for or not.

4. In support of his case the complainant has filed evidence on affidavit, BNA, receipt of Rs. 4,50,000/- + Rs. 70,000/- = Rs. 5,20,000/- issued by the OPs, allotment letter dated 14.05.2017, copy of two cheques for Rs. 5,20,000/-, copy of demand notice dated 28.09.2018, letter issued from the Branch Manager of SBI dated 21.08.2018 and 19.09.2018 to show up that the cheques issued by the OPs was dishonoured.

5. After perusing the evidence on record and hearing the argument advanced by the Ld. Advocate of the complainant we find that bungalow project where a bungalow was booked by the complainant did not see the light of the day. It was initiated but so finally abandoned for reasons best known to the OPs. It goes without saying that the complainant advanced Rs. 5,20,000/- by two cheques for purchasing one 1800 Sq.ft – bungalow and on being asked by the complainant the OPs issued to cheques to clear up the complainant’s dues but the cheques were bounced, for which the complainant’s advocate issued demand notice on 28.09.2018.

6. There is not a single iota of evidence to establish that the amount advanced by the complainant for the bungalow was refunded by the OPs. In view of the name receipts granted by the OPs and copies of two cheques which were issued by the OPs it can safely be stated that the OPs accepted Rs. 5,20,000/- from the complainant with promise to provide a bungalow. Since the bungalow was not constructed by the OPs the complainant picked up his right to get back the money advanced. Only to swindle the complainant or to harass him the OPs issued cheques for Rs. 5,20,000/-  in favour of the complainant knowing full well that they had insufficient fund for clearance for this cheques. Only to assuage the agitation of the complainant those cheques were issued. The complainant who has not got back outstanding amount of the OPs or the bungalow he booked is certainly entitled to the relief sought for. Had they got any other case as against this the OPs would have contested the case by filing W/V. The mere recessive stance stands taken by the OPs speaks volumes for the genuineness of the case of the complainant.

7. The evidence on record are sufficient to show the complainant entitlement to a sum of Rs. 5,20,000/- together with interest, compensation and cost. Keeping in view the length of the period during which the complainant had to undergo anxiety, pain and harassment we thing it would be justifiable if we record an order for compensation of Rs. 1,50,000/- . He will also get, in view of the nature of the case, a sum of Rs. 50,000/- on account of litigation cost.

8. Hence, it is ordered that –

the case be and the same is allowed exparte with cost of Rs. 50,000/- .The OPs will pay Rs. 5,20,000/- with interest at the rate of 9% per annum within 3 days hence, failing which the amount will accrue interest at the rate of 12% per annum.

9. The OP will also pay Rs. 1,50,000/-  within 30 days hence, failing which the amount will accrue interest at the rate of 12% per annum.

          Let plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT