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29/2/16
Heard the ex-parte submissions of complainant. It is submitted that complainant to purchase 2(two) nos. of Plot at Argul paid Rs.51,000/-(Rupees Fiftyone thousand)only on dtd.12.06.2009 to OP-Company. But OP did not transfer the plot nor registered the sale deed in favour of the complainant. OP then told the complainant that you deposit the money receipt issued to you earlier in support of sale of plots and OP is ready to refund the amount deposited by the complainant. Accordingly, complainant deposited the money receipt in the office of the OP, where the OP officials issued 2 nos. of post dated cheques bearing No.138937 and 138938 amounting of Rs.65,000/- of Axis Bank Ltd.,Tagore Nagar,Raipur. When the said cheques were deposited on complainant’s bank account for its realization, the Branch Manager, Angalo branch, on dtd.09.02.15 intimated to the complainant that the cheques deposited were not cleared due to insufficient fund. Further the said bank deducted Rs.300/- as cheque bounce charges. When the matter was intimated to one Susanta Babu of OP, he replied that two more cheques will be issued as no funds were available in the bank account of the OP when the earlier cheques were deposited for its clearance. Being aggrieved on the attitude of OP complainant file the consumer complaint praying for return of amount of Rs.65,000/- alongwith rs.20,000/- for financial loss, mental agony and cost of the litigation.
Though notice was served through Regd. Post and acknowledged to the OP and AD receipt is a part of the record, but oP did not prefer to appear into the dispute. Complainant to substantiate his case filed Xerox copy of cheque bearing No.138937 and 138938 of Axis Bank amounting of Rs.64,000/- along with Xerox copy of ‘cheque returned Memo dtd. 09.02.15. The complainant further filed a Xerox copy of letter issued b y OP-company regarding registration of sale deed and allotment of plot. Now, it is crystal clear that there was a transaction between OP to allot a plot to the complainant on payment of Rs.64,000/- which was paid by the complainant. It is also clear that the present proceeding is non-rebutal in nature and the prayers of the complainant is allowed when not protested.
Hence, considering the factual aspect of the case, it is directed that OP will pay Rs.64,000/-(Rupees Sixty four thousand)only to the complainant along with Rs.10,000/-(Rupees Ten thousand)only in toto Rs.74,000/-(Rupees Seventy four thousand)only within one month of receipt of the order, failing which 9 per cent interest will be charged for the delayed period.
Complaint is allowed in part.
No order as to cost.
Pronounced in the open Court, this 29th day of February,2016.
