Quorum:    Mohd. Anwar Alam, President

                     Vikram Kumar Dabas, Member

                     Manju Bala Sharma, Member

                                                                     ORDER                                    Dated: 04-04 -2017

Mohd. Anwar Alam, President

1. The complainant filed this complaint on 22-11-2012 and alleged that  on 08.08.2011 he  purchased 465 Sq. ft. land in NOIDA  and  paid Rs 15,000/- and Rs. 85,000/- vide cheque nos. 642885 and  376754 respectively totaling to Rs. 1,00,000/- to OP.  He further alleged that due to unavoidable conditions he is  unable to  purchase the above said immovable property and has made verbal and written requests to OP  on  19.04.2012 , 30.06.2012 and 03.08.2012 but OP neither replied nor returned the amount to him. Hence there is deficiency in service on the part of OP and complainant prayed to direct OP to  return Rs. 1,00,000/- as principal amount along with pendent-lite and future interest @ 18% p.a.  and Rs. 50000/-  as compensation /damages to him.
2. In reply, OP   admitted that complainant had issued two cheques bearing numbers  376754 and 642885 for a sum of Rs. 15,000/- and Rs. 85000/- respectively  as registration amount for the above said project and alleged that the cheque of Rs. 85,000/- was dishonoured due to the reason “Account Closed”.   OP denied rest of the allegations and prayed to dismiss the complaint with costs.
3. The complainant has filed rejoinder to the written statement and denied the objections made by OP and supported his complaint.
4. In support of his complaint complainant filed his own affidavit along with documents i.e.  original copy of indemnity bond (Annexure C-1) , copy of letter dated 12.07.2012 (Annexure C-2) , Statement of Account (Annexure C-3) , copy of I.D. Card  (Annexure C-4) , Copy of letter dated 30.06.2012 (Annexure C-5) ,  copy of letter dated 19.4.2012 (Annexure C-6) copy of letter dated 06.09.2012 (Annexure C-7) , letter for request for refund dated 03.08.2012 (Annexure C-8) and  legal notice dated 11.10.2012 (Annexure C-9).
5.  In support of reply OP filed affidavit of Pooja Dubey  ,  ( Authorized Representative,)  along with documents i.e.  copy of cheque no. 376754  (Ex. P/1) , copy of cheque no. 642885 (Ex. P/2) and  copy of bank statement (Ex. P/3)
6. Both the parties filed their written arguments.
7. We have heard the arguments and considered the evidence led by the parties and their written and oral arguments.  In this case points to be considered are as under:-

1. Whether complainant is a consumer?
2. Whether there is any deficiency in service on the part of the OPs?
3. Relief?

8.  As OP admitted that complainant had handed over two cheques for Rs. 15,000/- and Rs. 85,000/- to the OP as the booking amount of the project and the cheque of Rs. 15,000/- has only been encashed by OP therefore complainant is a consumer.

9. The complainant deposed in his affidavit that he had  handed over two cheques of Rs. 15,000/- and Rs. 85,000/- to the OP and  complainant filed his statement of account (Annexure C-3) which clarify that only Rs. 15,000/- was debited from the account of the complainant on 09.08.2011. There is no endorsement of debit of Rs. 85,000/- in this account while Statement of Account Filed by the OP (Ex. P/3) clarify that cheque of Rs. 85,000/- was not encashed nor credited in the account of OP on 10.08.2011 , therefore, it is clear that the cheque of Rs. 85,000/- given by the complainant to the OP was not encashed but it was dishonoured and only an amount Rs. 15,000/- from the account of complainant was credited in the account of OP. As complainant failed to make the full payment for booking amount of the flat therefore it was the duty of the OP to pay the refund of Rs. 15,000/- to the complainant as part payment received by the OP from the complainant. It amounts to deficiency in service on the part of OP.
10. Looking to the above facts and circumstances we direct OP to refund Rs. 15,000/- to the complainant along with the interest @ 10% p.a. from the date of deposit till realization. Looking to the facts of this case we are not inclined to award any compensation or litigation cost to the complainant.

 11. Both the parties will bear their own cost.   Copy of the order made available to the parties free of cost as per law.    File be consigned to record room.

Announced on………