This is a complaint made by one Sri Apurba Mukherjee and Anusua Mukherjee of 27/29, D. K. M. Naskar Road, P.S. Regent Park, Kolkata- 700 040 against D. K. Infra Projects (India) Ltd. praying for refund of booking amount and compensation of Rs.3,00,000/- and litigation cost of Rs.50,000/-.

Facts, in brief, are that Complainant approached OP for a flat and agreed to purchase a flat. Complainant paid Rs.2,00,000/- as booking money. Thereafter whenever Complainant wanted to visit site, OPs used to ask them that they should visit after sometime. OP did not receive the calls of Complainant. Complainant made a surprise visit to the site and found that no development work has taken place and Complainant decided to cancel the booking and issued a letter on 5/7/2015 which was received by OP. OP assured Complainant that booking money would be refunded but of no use. So, Complainant lodged a complaint to the Consumer Affairs Department where he has advised to file this complaint. OP filed written objection against the complaint and has admitted that Complainant booked one flat paying Rs.2,00,000/- as to booking amount and OP has issued 3 cheques for paying the amount but unfortunately refund could not be made and the cheque bounced. Further OP has stated that Complainant has filed a case under section 138 N. I. Act and two proceedings cannot continue simultaneously. So, OP has prayed for dismissal of this case.

Decision with reasons

Complainant has filed affidavit-in-chief where they have mentioned the facts which they have stated in the complaint. OP has replied and has stated that Complainant cancels the booking and so he cannot claim refund of money.

Main point for determination is whether Complainant entitled to the reliefs which he has prayed for.

Both sides filed written argument.

In the form of document Complainant has filed Xerox copy of the money receipt showing that he has paid Rs.2,00,000/- and this fact has been admitted by OP. Further, at the time of argument Complainant has filed 3 cheques which were returned by the Bank on the ground of insufficient of fund.

The main contention of OP is that the proceeding under section 138 N. I. Act is pending and so this Forum has no jurisdiction to pass any verdict. Surprisingly OP has not filed any copy of the alleged case u/s 138 of N. I. Act to substantiate the same complaint. On the contrary, on behalf of the Complainant returned cheque has been filed and Ld. Advocate for Complainant submitted that no proceeding u/s 138 of N. I. Act is pending regarding the said 3 cheques Whatever may be the fact this Forum is competent to pass order directing the OP to refund Rs.2,00,000/- to the Complainant with interest.

Hence,

O R D E R E D

CC/68/2016 and the same is allowed on contest. OPs are directed to refund Rs.2,00,000/- positively within 2 months of this order on that no proceeding under section 138 N. I. Act is pending and if pending the same is withdrawn by the Complainant.

Further OP is directed to pay Rs.20,000/- as compensation and Rs.10,000/- as litigation cost within this period. All the amounts shall carry interest @ 12% p.a. if not paid within two months.