Judgment : Dt.21.11.2017
Shri S. K. Verma, President.
This is a complaint made by Mr. Arun Kumar Bhalla, son of Kailash Dev Bhalla and Mrs. Nita Bhalla, wife of Arun Kumar Bhalla, both are residing at 104-P/1, Karaya Road, Kolkata-700 017 against D.K.Land Development & Construction Pvt. Ltd., having its registered office at 617A, D.H. Road, Kadamtala Bazar, P.S.-Haridevpur, Kolkata-700 063, OP No.1, D. K. Land Development & Construction Pvt. Ltd. having its Corporate office at 423D, 3rd floor, Motilal Gupta Road, Kolkata-700 082,OP No.2, Mr. Asit Pramanik, OP No.3, Mrs. Dipali Pramanik, OP No.4, both Directors of D. K. Land Development & Construction Pvt. Ltd., residents of Ramnagar, Mandalaypara, Khagramuri, Bishnupur, South 24-Pgs, PIN-743313, praying for a direction upon the O.P.s to refund Rs.1,92,203/- and a direction upon the OP to pay compensation of Rs.5,00,000/- for mental pain, harassment and agony and further direction upon the OPs to pay Rs.40,000/- as litigation cost.
Facts in brief are that in the month of September, 2012, Complainant received phone call from the OP No.1 and over telephone the representative of the OP made a very lucrative presentation for booking of a plot of land. After a few days, one representative of the OP made a visit to the Complainant at his residence along with brochure of the Company and convinced the Complainant to book a plot of land at their project Garden City-III. Complainant was invited by the OP No.3 & 4 to the registered office at Muchipara where OP No.3 & 4 arranged a site visit by their own vehicle and after the site visit, Complainant was brought back to the Muchipara office. OP No.3 & 4 assured that the project would be handed over to the Complainant within two years. Being convinced Complainant intended to book a plot of land in the said project and OP No.3 & 4 allotted plot No.419 measuring about 3 cottahs lying and situated at Mouza-Bagi, Uttargouripur, J.L.No.78/95, Dag No.G-24. Total consideration amount was fixed at Rs.2,70,000/- and at the time of booking, Complainant paid Rs.68,644/- to the OPs. In the month of March, 2016, Complainant made a visit to the project and found that no development has taken place. At this Complainant made a visit to the office of the OP No.1 & 2 and found the office was closed and on query it was found that the office has been shifted from the above mentioned address and nobody could provide the address. Complainant again returned to the project site and the representatives of OP No.1 & 2 assured the Complainant that they will develop the land very soon and handover possession. On 07.04.2017 Complainant made a visit to the temporary office where he was assured that the possession would be handed over. But it was not made. Finding no other alternative Complainant sent a legal notice to OP No.1, 2, 3 & 4 through his Ld. Advocate on 04.05.2017 demanding the booking and installments consideration of Rs.1,92,203/-. But they refused to accept the said legal notice. So, Complainant filed this case.
OPs did not contest the case by filing written version and so the case is heard ex-parte.
Decision with reasons
Complainant filed only brief notes of argument, but did not file affidavit-in-chief.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
On perusal of the prayer portion of the complaint petition, it appears that the Complainant has prayed for refund of Rs.1,92,203/- and compensation of Rs.5,00,000/- and litigation cost of Rs.40,000/-.
On perusal of the photo copies of the money receipts, issued by D.K.Land Development & Construction Pvt. Ltd. in favour of the Complainant, it appears that Complainant paid Rs.1,92,203/-.
Since Complainant has not filed affidavit-in-chief, he is not entitled for any compensation and litigation cost, because the allegations which he has brought in the complaint cannot be considered as true, because the affidavit is lacking on behalf of the Complainant. So far as the refund of Rs.1,92,203/-, it can be ordered to be refunded provided original receipts are filed by the Complainant.
Hence,
ordered
CC/323/2017 and the same is allowed ex-parte in part. OPs are directed to refund Rs.1,92,203/- within two months of this order, in default this amount shall carry interest @ 10% p.a. from the date of this order.
