This is a complaint made by one Govinda Lal Das, 44, Thanamakua Natunpara 3rd Bye Lane, P.O.- Danesh Sheikh Lane, P.S.-Sankrail, Howrah-711 109 against Desire Agro Resorts Development Pvt. Ltd., P-525, Raja Basanta Roy Road, P.S.- Lake Thana, Kolkata-700 029, praying for (a) returning Rs.2,29,604/- with interest of 12%, (b) Rs.5,000/- as compensation for harassment and (c) Rs.3,000/- as litigation cost.
Facts in brief are that the wife of Complainant, Purnima Das booked a plot of land measuring 1800 sq.ft. on 2.10.2015 as per the agreement made between M/S Desire Agro Resorts Development Pvt. Ltd. The total cost of the land was Rs.2,12,500/-. Complainant deposited Rs.51,000/- and then Rs.4,486/- per month in equal installments. Thereafter, Complainant paid Rs.2,12,500/- after 36 months. Complainant requested the OP to hand over possession of the land and register the land in his name. But OP did not take any step. So, Complainant filed this case.
OP filed written version and denied all the allegations of the complaint. Further, OP has stated that he has paid Rs.2,05,000/- out of the total sum of Rs.2,12,500/-. Further, OP has stated that one Smt. Purnima Das booked a plot and paid Rs.2,12,500/-. Thereafter, present Complainant entered into a new agreement for purchase of a shop room at Sun City Project at a total consideration of Rs.5,60,000/- and reinvested the same on 14.8.2009. Further, OP has stated that Complainant till date has not paid the balance consideration of Rs.3,47,500/-. OP has also denied other allegations and prayed for dismissal of the complaint.
Decision with reasons
Complainant filed a petition for treating the complaint petition as affidavit-in-chief and the prayer was allowed. OP did not controvert the contention of the Complainant by filing written version or contest the case.
Accordingly, the allegations which Complainant has made remained un-rebutted and un-challenged.
In the circumstances, it appears that since Complainant reinvested the amount as admitted in the written version, he is entitled to refund of Rs.2,29,604/-. Since, Complainant has added interest in it, the question of further granting compensation and litigation cost does not arise.
Hence,
ordered
CC/415/2016 and the same is allowed on contest. OP is directed to pay Rs.2,29,604/- to the Complainant within four months of this order, in default, the amount shall carry interest @ 10%p.a. till realization.
