This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that he intended to purchase one flat from the OP was developer and after prolonged discussion with the OP complainant was satisfied with the terms and conditions of the proposed flat and entered into an agreement on 02-01-2007 and description of the proposed flat is Block – A, 1200 sq. ft., total valuation Rs.15 lakhs out of which complainant paid Rs.2,50,000/- and OP received it and as per agreement OP did not deliver the flat for which requested the OP after taking the balance amount to execute sale deed but OP did not act.  So, complainant wrote a letter to the OP for cancellation of the flat booking because OP deliberately violated the terms of the agreement and prayed for refund of the earnest money Rs.2,50,000/- with interest.  OP duly received the said letter on 18-06-2008.  Thereafter, admitting the receipt of the letter OP noted over the said letter dated 12-07-2012 admitting that he will refund the entire receipt amount of Rs.2,50,000/- along with 10% interest by 01-11-2012.  Accordingly, the OP paid one lakh by cheque on 06-11-2012 and also promised that balance amount will be cleared on 03-12-2012.  But unfortunately, the said cheque was dishonoured and, thereafter, complainant proposed to the OP to pay the same immediately with interest but OP did not turn up and has been harassing for which complainant has prayed for proper relief and compensation.

          No doubt in this case, notice was issued upon the OP and ultimately notice was not claimed by the OP for which notice was returned with postal note “not claimed” and so, it was accepted as good service and even after waiting for a month OP did not turn up for which the case was ultimately taken up for ex parte hearing.

Decision with Reasons

No doubt after study of the complaint and particularly the conduct of the OP it is clear that OP is well aware of the transaction in between him and the complainant and as per his declaration he shall have to pay the entire amount with 10% interest and fact remains OP personally by his own handwriting and signature wrote to that effect in the letter of cancellation of flat booking by the complainant dated 18-06-2008.  “I hereby ought to pay back the said amount of Rs.21,50,000/- with interest @10% p.a. as first instalment on 06-12-2012” and that was signed by OP on 12-07-2012 and he also admitted in writing that he acknowledged and accepted the prayer of cancellation of flat and agreement.

          It is also proved that complainant on 06-11-2011 handed over a cheque of Rs.1 lakh that was bounced and against that complainant wrote a letter to the OP Kamal Singh Baid on 02-08-2013 informing entire fact and that was received by the OP but OP did not respond.  So, considering all the above materials and fact it is proved beyond any manner of doubt that OP has no moral background to defend the present complaint for which he did not appear before this Forum for which relying upon the unchallenged testimony of the complainant and document executed by the OP in favour of the complainant in support of refund of the entire amount with 10% interest can easily be accepted as claim of the complainant against the OP and it is also proved that OP has been harassing the complainant in so many manner and at the same time OP has enjoyed the said amount since the date of receipt of the same that is on the date of execution of the agreement but ultimately OP agreed to repay the same on 12-07-2012 but even then he has in so many manner caused harassment, mental pain and agony to the complainant and also financial loss to the complainant for which the complaint succeeds.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed ex parte with a cost of Rs.10,000/- (Rupees Ten thousand only) against the OP.

          OP is directed to pay a sum of Rs.2,50,000/- (Rupees Two lakh fifty thousand only) with 10% interest over the said amount with effect from 02-11-2007 and till its full payment by the OP to the complainant and also litigation cost etc.  Further for causing harassment, mental pain and agony OP shall have to pay a sum of Rs.10,000/-(Rupees Ten thousand only) to the complainant.  OP is hereby directed to satisfy the entire claim including compensation, litigation cost etc. within 15(fifteen) days from the date of this order failing which for disobeyance of the Forum’s order and non-implementation of the order the OP shall have to pay punitive damages @Rs.250/- per day till full satisfaction of the decree and if it is collected the same shall be deposited to the present Forum.

          OP is further directed to comply the order very strictly within the stipulated time failing which penal action may be taken against him for which further penalty of Rs.10,000/- (Rupees Ten thousand only) may be imposed.