Order No.  20  dt.  19/04/2017

       The case of the complainant in brief is that the complainant paid an amount of Rs.4 lakhs for purchasing two plots of land of 1440 sq.ft. The complainant paid the said amount as per the terms of the agreement and for purchasing the plot the complainant paid the amount in respect of Sonartari Project started by o.ps. It was agreed between the parties that the plots will be made ready within 3-5 years and the agreement was entered into on 26.6.08 between the complainant and o.ps. In spite of payment of entire amount the complainant was not provided with the land as agreed by o.ps. In view of the said fact the complainant filed this case praying for refund of the amount paid by him to the tune of Rs.4 lakhs along with compensation of Rs.1 lakh and litigation cost of Rs.25,000/- and also prayed for interest @ 12% per annum.

            In spite of receipt of notices the o.ps. did not contest this case by filing w/v and as such, the case has proceeded ex parte against the o.ps.

            The complainant in order to prove the case filed some documents including the agreement for sale entered into between the parties and the complainant also filed the photocopy of receipt showing that the payment was made by the complainant. It is also an admitted fact that the complainant in spite of payment of the amount did not get the plots of land as agreed by and between the parties. The complainant has adduced evidence in support of the case. Since the evidence of the complainant has remained unchallenged, therefore we hold that the complainant will be entitled to get the relief as prayed for.

            Hence, ordered,

            That the CC No.293/2014 is allowed ex parte with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund a sum of Rs.4,00,000/- (Rupees four lakhs ) only to the complainant along with compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.15,000/- (Rupees fifteen thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.           

            Supply certified copy of this order to the parties free of cost.