JUDGEMENT

Bibekananda Pramanik, President – This consumer complaint under 12 of the C.P. Act, 1986 has been filed by the complainant Sri Shyamal Nandy against the above named O.P. alleging deficiency in service on the part of the O.P.

        Complainant’s case in brief is as follows :-

        The complainant entered into an agreement dated 17.03.2016 with the O.P. for purchase of a flat measuring 540 sq. ft. on the 4th floor of premises No. 85/15/4, Banerjee Bagan Lane, Salkia, Howrah at a consideration of Rs. 9,62,500/-. Out of total consideration money of such sale, the complainant paid Rs. 4,00,000/- by A/c. payee cheque and Rs. 4,00,000/- by self cheque and he also paid Rs. 30,880/- to the O.P. on different dates. O.P. has not yet completed the flat in question and since the property is a ‘Thika land’, so O.P. is unable to execute register deed of sale in favour of the complainant. On 17.02.2018 the complainant through his lawyer sent a demand notice to the O.P. demanding return of advance amount of Rs. 8,30,880/- but in spite of receipt of the said notice, the O.P. did not refund the advance amount to the complainant. Hence the complaint, praying for directing the advance amount of Rs. 8,30,880/- and for other reliefs.

        O.P. received notice of this case but he did not appear to contest this case. Hence the exparte hearing.

POINT FOR DECISION

            Whether the complainant is entitled to get the reliefs as prayed for?

DECISION WITH REASONS

        To prove his case, the complainant has tendered his written examination-in-chief supported by affidavit in evidence and he has also filed all relevant documents including photocopy of money receipt and agreement for sale.

        In his evidence, the complainant has fully corroborated his case of the petition of complaint and the documents filed by him also lend support to the case of the complainant in material particulars. So in view of the said evidence of the complainant, remaining unchallenged, it is held that the complainant’s case is proved and he is entitled to the reliefs as prayed for.

        Hence,

                  it is,

                            O R D E R E D

        that the Complaint Case No. 104/2018 is allowed exparte with cost against the O.P. O.P. is directed to refund the advance amount of Rs. 8,30,880/- to the complainant with interest @ 6% per annum from the date of filing of this complaint till realization. Such payment shall be made within 2(two) months from the date of order, i.d., the complainant will be at liberty to put this order into execution.

  Let a plain copy of this order be given to the complainant free of cost.

Dictated and corrected by me.

 ( Bibekananda Pramanik )                                              

 President, D.C.D.R.F., Howrah.