Order No.  6  dt.  13/12/2018

          The case of the complainants in brief is that the complainants being attracted with an advertisement appeared in Ananda Bazar Patrika the complainants applied to the advertiser for having a flat in the project known as GUL MOHAR. The complainants came to learn the proposed project through the Brochure provided with the application kit. The complainant also paid application money of Rs.1,00,000/- by a cheque drawn on United Bank of India, Shyampukur Branch in favour of the o.p.  The complainants after applying in the said project for having a flat and before payment of further amount asked for the legal documents from the o.ps. for clearing of their doubt regarding the title of the land in question whereby the o.p. wanted to construct the building. The complainant was not provided with those documents and the complainant on reaching the site found that no sign of any erection of any tower in the said proposed site of the construction. Realizing the malafide intention of the o.ps. the complainants wanted to have the refund of the money paid by them. The complainants thereafter sent various communications to the o.ps. but the o.p.s did not pay any heed, for which the complainant had to file this case praying for direction upon the o.ps. for refund of the money paid by the complainants as well as compensation and litigation cost.                               

            The o.ps. did not contest the case though the notice was issued upon the o.ps. through the notice issued in a daily news paper. The complainant in order to substantiate the same filed the paper cutting. In spite of issuance of such notice in the daily news paper the o.p.s did not turn up, for which the case has proceeded  ex parte against the o.ps.

            The complainants has filed an affidavit of  evidence stating that the o.p.s in spite of receiving the amount failed to provide the documents for the satisfaction of the complainants regarding the ownership of the land in question whereby the construction is going to be made. The o.ps. failed to produce those documents for which the  complainants demanded the money paid by them. The complainants has also filed the documents showing that the payment was made to the o.ps. and the amount of the cheques were received by the o.ps.

            The evidence of the complainants has remained unchallenged moreover, it appears from the materials on record that the o.ps. did not take any initiative for construction of the building as well as failed to provide the document to the complainants for their satisfaction regarding the title of the land in question whereby the o.p. wanted to have the construction.  In view of the said evidence on record we hold that there is deficiency in service on the part of the o.ps. and the complainants will be entitled to get back the amount paid by them as well as compensation and litigation cost.

            Hence is it orderd

            That the CC No. 204/2018 is allowed ex-parte against the o.ps. with cost. The o.ps. are jointly and severally directed to refund the amount of Rs.1,00,000/- (Rupees One Lakh) only along with compensation of Rs.10,000/- (Rupees Ten Thousand) only and litigation cost of Rs.5,000/- (Rupees Five Thousand) only within one month from the date of service of the notice failing which the complainants will be entitled to get interest @8% on that amount till the realization of the said amount.