Order No.   11  dt.  28/12/2016

       The case of the complainant in brief is that the complainant invested Rs.1 lakh in the scheme opened by o.p. no.1 with the assurance that the amount will be refunded after 3 ½ years with appreciation of Rs.50,000/-. After expiry of the stipulated period the o.ps. made a mock show of a back dated unilateral contract for sale of a shop room situated at Sun City Project at Pailan, Bishnupur. The complainant after submission of duly filled in surrender form o.ps. did not refund the deposited amount. The complainant repeatedly requested the o.ps. to refund of the amount but o.ps. did not pay any heed, ultimately the complainant had to file this case praying for refund of Rs.1,41,000/- and 10% interest and Rs.50,000/- for compensation and litigation cost of Rs.30,000/-.  

            In spite of receipt of notices the o.ps. did not contest this case by filing w/v and as such, the case has proceeded ex parte against the o.ps.

            In order to prove the case the complainant filed the necessary documents as well as affidavit on evidence. We have perused the documents annexed with the complaint. It appears that the complainant paid an amount of Rs.1 lakh and an agreement was entered into between the parties whereby the o.p. no.1 was agreeable to provide a shop measuring 320 sq.ft. on the ground floor at Sun City Pailan and it was decided that the said possession will be delivered within the stipulated period. But in spite of expiry of the said period the shop room was not provided while the complainant demanded the money she was assured that the amount would be returned. But in spite of expiry of several years o.p. no.1 did not return the amount.

            Since the evidence of the complainant has remained unchallenged and on perusal of the documentary evidence we hold that the complainant will be entitled to get the relief as prayed for.

            Hence, ordered,

            That the CC No.440/2015 is allowed ex parte with cost against the o.p. nos.1 and 2. The o.p. nos.1 and 2 are jointly and/or severally directed to pay to the complainant a sum of Rs.1,41,000/- (Rupees one lakh forty only thousand) only along with compensation of Rs.30,000/- (Rupees thirty thousand) only and litigation cost of Rs.2000/- (Rupees two thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.       

            Supply certified copy of this order to the parties free of cost.