Order No.  9  dt.  17/04/2017

       The case of the complainant in brief is that the complainant invested an amount of Rs.1 lakh in respect of the housing project of o.p. for a period of 2 years 5 months. After the expiry of the period the complainant sent a letter to o.p. for demand of the said amount along with interest. The complainant thereafter did not get any response from o.p. and ultimately he sent a lawyer’s notice whereby he demanded the refund of the said amount along with compensation but no action was taken on behalf of o.p. for which the complainant filed this case praying for direction upon the o.p. for payment of claim amount of Rs.1 lakhs and interest @ 12% per annum along with compensation of Rs.30,000/- and litigation cost of Rs.10,000/-.

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

            The complainant in order to prove the case filed some documents including the offer letter issued by o.p. It is also found from the materials on record that the complainant before filing of the case demanded the said amount but o.p. did not reply to the said letter. Subsequently a lawyer’s notice was sent but no step was taken by o.p. In view of such materials on record we hold that since the evidence of the complainant has remained unchallenged therefore there is no other alternative but to accept the claim of the complainant as prayed for. In view of the said fact we hold that there is deficiency in service on the part of o.p. and as such, the complainant will be entitled to get the relief as prayed for. Thus the case is disposed of accordingly.

            Hence, ordered,

            That the CC No.224/2016 is allowed ex parte with cost against the o.p. The o.p. is directed to to refund a sum of Rs.1,00,000/- (Rupees one lakh) to the complainant along with compensation of Rs.15,000/- (Rupees fifteen thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten 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.