J U D G E M E N T

This is a case u/S 12 of the C.P. Act, 1986 against unfair trade practice and directing an award of Rs. 2,55,000=00 along with agreed rate of interest, Rs. 50,000=00 towards mental pain, agony and harassment, Rs. 20,000=00 towards litigation cost.

            The complainant’s case in short is that hearing about the O.Ps. plot selling project SANTIBAN-VI, he contacted the O.Ps. and came to learn that the O.Ps. wanted to sell the plots of land at Rs. 2, 25,000=00 and plots as stall at Rs. 30,000=00 per cottah.  So, the complainant made up his mind to purchase a plot with basic infrastructure and a plot as stall. After he paid the booking amount of Rs. 45,000=00 and Rs. 6,000=00 on 02.12.2011 & 10.12.2011 respectively. On receiving the said amounts the complainant was given certificates of booking by the O.P. 1&2. On 17.10.2012 the O.Ps. made an agreement for sale according to which the Ops were bound to complete all the scheduled mentioned plot and hand over the same within 3 years but even after completing all the installments, the OPs failed to fulfill their liabilities by way of non-completion of work. Then having no alternate way the complainant desired to withdraw the booking and get the refund amount. So he submitted all the original documents to the Ops and they issued receipt in favour of him. But very surprisingly, even after submitting all the necessary documents, the complainant did not get the refund.

Here, the Ops neither appeared nor submitted their W.V. to the court. Hence, they are considered as ex parte.

Decision with Reasons:

            Undisputedly, the complainant is a bonafide consumer of the O.Ps.  and in accordance to all the proofs submitted by the complainant, it is evident that even after paying all the installments, the Ops did neither completed the paper-work nor hand over the plot. Even when the complainant submitted all the documents to withdraw the booking and get the refund, the Ops again failed to fulfill it. So, with all the proofs, we can conclude that the complainant succeeds to contest his case.     Hence, it is

Ordered

that the present Consumer Complaint being No. 238/2017 be and the same is allowed ex parte against the Ops with cost. The O.P. Nos. 1 & 2  are directed to refund Rs. 2, 55,000=00 either jointly or severally to the complainant along with interest as per agreement from 16.10.2015 to till date of realization and the O.P. Nos. 1 & 2  are further directed to pay a sum of Rs. 15,000=00 as mental pain and harassment and Rs. 3,000=00 as litigation cost within 45 days from the date of passing of this order, in default, the complainant is at liberty to put the entire award in execution as per provisions of law.

Let plain copies of this order be supplied to the parties free of cost as per provisions of law.

Dictated & Corrected by me:                                                         (Jayanti Maitra (Ray)

                                                                                                                       President

          (Tapan Kumar Tripathy)                                                               DCDRF, Burdwan

                 President

           DCDRF, Burdwan

                                            (Tapan Kumar Tripathy)                                      (Nivedita Ghosh)

                                                       Member                                                           Member

                                               DCDRF, Burdwan                                              DCDRF, Burdwan