Judgment : Dt.20.11.2017

Shri S. K. Verma, President.

            This is a complaint made by one Mrs. Ruma Bose, wife of Ajoy Kumar Bose, 141/7, Behcharam Chatterjee Road, P.O.-Behala, P.S.-Behala, Kolkata-700 034 against Jain Group Projects Pvt. Ltd., 44/2A, Hazra Road, P.S.-Ballygunge, Kolkata-700 019, OP No.1, Mr. Prem Jain, Chairman, Jain Group, 44/2A, Hazra Road, P.S.-Ballygunge, Kolkata-700 019, OP No.2, Mr. Rishi Jain, Executive Director, Jain Group, 44/2A, Hazra Road, P.S.-Ballygunge, Kolkata-700 019, OP No.3 praying for a direction upon the O.P. to pay a sum of Rs.1,04,300/- with compound interest @ 18% p.a. on and from 14.5.2016 tll realization and further direction to pay compensation of Rs.1,00,000/- for mental harassment and agony and litigation cost of Rs.1,00,000/-.

            Facts in brief are that Complainant resides at 141/7, Behcharam Chatterjee Road, P.O.-Behala, P.S.-Behala, Kolkata-700 034, now Parnasree. OP is a Pvt. Ltd. company engaged in business of construction, development and sell of residential units. One sales executive of OP No.1 approached the Complainant and represented to her that one housing project is to be launched by the OP No.1. The Complainant was assured by the sales executive that OP No.1 is successfully selling residential units and other real estate products to the satisfaction of the customers for several years and holds a very good reputation in real estate. Relying on the assurances and averments of the OP No.1 and believing to be true Complainant agreed to purchase two numbers of self contained flats categorically identified as Flat 5A ands 5G at Block I in Dream Jain Pailan, Nepalganj Rd, J.L.No.93, Mouza – Amgachia, P.S.-Bishnupur. Complainant booked two flats by paying Rs.1,04,300/- through A/C Payee Cheque drawin with its banker State Bank of India, Behala Branch. The said State Bank of India, Behala Branch, forwarded a check list of documents for sanctioning of home loans namely agreement for sale and as well as sanctioned plan of the said housing project, in addition, to the title deed in connection with the piece and parcel of land comprising the housing project. It was explained to the Complainant by the officers of the State Bank of India that the sanctioned plan must reflect Flat No.5AG. Complainant approached the OP No.1 at its registered office and requested for the sanctioned plan of the entire building project, viz. identifying the residential units being flat No.5AG at Dream World City, Pailan, P.S.- Bishnupur, Dist.-South 24-Pgs. Several representations and written communications forwarded to the OP No.1. It failed to provide the sanctioned plan and on the contrary demanded that she should enter into a formal agreement for sale. Complainant states that several representations did not work and OP did not refund the said amount with damage. OP misguided and misrepresented the Complainant and so OPs are entitled to refund the  money which Complainant paid with interest.

            OPs did not contest the case by filing written version and so the case is heard ex-parte.

Decision with reasons

            Complainant filed only brief notes of argument, but did not file affidavit-in-chief.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the prayer portion of the complaint petition, it appears that the Complainant has prayed for refund of Rs.1,04,300/- and compensation of Rs.1,00,000/- and litigation cost of Rs.1,00,000/-.

            A xerox copy of one cheque is filed showing that Complainant paid Rs.1,04,350/- to the Jain Groups Projects Pvt. Ltd. Further, it appears that a receipt was issued by Jain Groups Projects Pvt. Ltd. to the Complainant to that effect. As such, it is clear that Complainant paid Rs.1,04,300/-.

            Since Complainant  has not filed affidavit-in-chief, she is not entitled for any compensation and litigation cost, because the allegations which she has brought in the complaint cannot be considered as true, because the affidavit is lacking on behalf of the Complainant. So far as the refund of the booking money of Rs.1,04,300/-, can be ordered to be refunded provided original receipt is filed by the Complainant.

Hence,

ordered

                CC/398/2017 and the same is allowed ex-parte in part. OP is directed to refund Rs.1,04,300/- within two months of this order, in default this amount shall carry interest @ 10% p.a. from the date of this order.