Judgment : Dt.4.9.2017

Shri S. K. Verma, President.

            This is a complaint made by one Mou Boxi, wife of Sri Sourav Hazra, against Hahnemann Housing & Development Pvt. Ltd., having its office at B-16, Katju Nagar, P.S.-Jadavpur, Kolkata-700 032, OP No.1 and Karunamoy Sinha, Director of the Company of OP No.1, praying for an order directing the OPs to pay a sum of Rs.5,29,500/- and also to pay interest @ 12%.

            Facts in brief are that Complainant entered into an un-registered agreement dt.30.6.2013 for purchasing a schedule land at a price of Rs.5,40,000/-. In December, 2012, it was decided that Complainant will pay Rs.1,62,000/- at the time of execution of the agreement and thereafter Complainant will pay balance amount of sale price by way of installments of Rs.10,500/- per month. Accordingly, on 14.1.2013 Rs.1,62,000/-was paid to the OPs. Thereafter, on 27.5.2013, Complainant paid another Rs.10,500/- installment. Thereafter, in 35 installments Complainant paid the total amount to the OPs and OPs issued receipts. The last payment was made on 3.5.2016.

            The agreement for sale contained the description of the land. But did not contain classification of the land. Complainant  through internet could learn that one Ashok Kumar Dutta hold some land on Khatian No.2666. From another information it was learnt that Dag No.490 was baid by nature. Due to the non-cooperative attitude of the OPs, Complainant asked for refund of the money. But, OPs did not oblige.

 So, Complainant filed this case.

            OPs did not contest the case after receiving the notice and so the case is heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief wherein she reiterated the facts of the complaint.

            Point in the present case is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the prayer portion, it appears that Complainant has prayed for refund of Rs.5,29,500/- with interest of 12% p.a.

            In this regard, we find one Xerox copy of the agreement, signed by the Director, which reveals that OPs had agreed to sale three cottahs land to the Complainant. Further, it appears that Complainant has filed Xerox copy of the receipts of Rs.10,500/- which he paid to the OPs. It also appears that Complainant paid Rs.5,29,500/-. Since the allegation remained un-rebutted and unchallenged, we are of the view that Complainant is entitled to the reliefs.

            Hence,

ordered

            CC/83/2017 and the same is allowed ex-parte. OPs are directed to pay Rs.5,29,500/- within three months of this order, in default the amount shall carry interest @ 10% p.a.