Order No. 02, Dated: 27.5.2015

The ld. Advocate for the complainants is present by filing hazira. Today is fixed for admission hearing of the consumer complaint. During admission it is seen by us that in the prayer portion of the complaint the complainants have prayed for refund of Rs. 1,03,090=00 paid by the complainants on 24.12.2013 towards the  booking of the flat being Unit no. 8B at Block no. 1 along with other reliefs.

As the complainants have prayed for refund of the amount hence, we are to mention some matrix of the complaint as stated by them in the POC in nutshell.

The brief fact of the case of the complainants is that they have booked a flat in the project named Dream Eco City which is situated near Baskopa, Durgapur. The project was developed by the Ops. As per directions of the Ops the complainants

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booked the said Unit on 24.12.2013 and paid the booking amount of Rs. 1, 03,090=00 including tax through cheque to the Ops. The total consideration amount of the said flat was Rs. 30, 47,874=00 including tax. The Ops have received the cheque amounting to Rs. 1, 03,090=00 from the complainants and issued a money receipt in their favour of the same date. But after making payment of the said booking amount both the complainants have faced some financial problem and therefore deciding to cancel the booking and without making any delay they have communicated with the Ops within 14 from the date of payment of the booking amount requesting to cancel the booking of the said unit. The complainants also requested the Ops to refund the booking amount as early as possible. As the Ops did not refund the said booking amount to the complainants in spite of latter correspondences, hence this complaint has been filed by the complainants praying for reliefs as mentioned above.

We have noticed that firstly the said amount was paid by the complainants to the Ops without entering into an agreement for the same. Secondly and most importantly as the complainants have prayed for refund of the booking amount paid by them from the Ops, hence such prayer cannot be entertained by the Consumer Forum in view of the C.P. Act, 1986. As it is a case of refund of money the complaint cannot be entertained as consumer complaint before the Consumer Forum.

Under this circumstances, hence, it is

O r d e r e d

 that the complaint is dismissed without being admitted. There is no order as to costs.

         (Asoke Kr. Mandal)        

             Dictated and corrected by me.                                                           President       

                                                                                                                    D.C.D.R.F., Burdwan

                     (Silpi Majumder)

                           Member

                   D.C.D.R.F., Burdwan

                                                                                (Silpi Majumder)

                                                                                    Member   

                                                                            D.C.D.R.F., Burdwan 

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