This is a complaint made by one Sri Arnab Kumar Panti, son of Sri Arup Kumar Panti, residing at 50 Dum Dum Park, Kolkata-700 055 against Managing Director/Proprietor, M/S Desire Agro Resorts Development Pvt. Ltd., 525, Raja Basanta Roy Road, P.S.- Lake, Kolkata-700 029, praying for making order for payment of Rs.1,25,000/- to the Complainant after considering the papers and direction also be given to pay Rs.50,000/- as interest.

            Facts in brief are that Complainant is an un-employed youth. OP published a proposed layout plan of Art City at Mouza- Jaikrishnapur Chiyari, Danga & Bakeswar, Dist.- South 24-Parganas on 26-11-2002. Complainant being tempted by such  advertisement paid Rs.45,000/- as booking money.

            Thereafter, Complainant also paid Rs.80,000/- in instalments and in total he paid Rs.1,25,000/-. However, he did not see Art City coming to the reality and he prayed for refund of Rs.1,25,000/-. Complainant issued legal notice, but of no use. So, he filed this complaint.

            OP filed written version wherein he denied all the material allegation of the complaint. OP has also stated specifically and denied the allegations made in the complaint. OP has stated that the Complainant violated the terms and conditions of the agreement. As such, OP has prayed for dismissal of this complaint petition.

Decision with reasons

            Complainant filed affidavit-in-chief against which OP filed questionnaire. Thereafter, Complainant did not file affidavit-in-reply. OP has filed a petition praying for treating the written version as his evidence. Thereafter, Complainant did not file questionnaire against this.

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

            On perusal of the petition of  the Complainant, it appears that Complainant has prayed for refund of Rs.1,25,000/- with compensation of Rs.50,000/-. However, we are of the view that there is a copy of agreement filed which has only been signed by Complainant and the OP on page No.10. Further, it appears that Complainant has filed receipts showing that he paid money to the OP in installments.

            Accordingly, it appears that Complainant paid the money to the OP and there is no denial f this fact. So, we are of the view that if refund order of Rs.1,25,000/- within six months is allowed justice would be served. It is because Complainant has paid money in installments of Rs.5,000/-. So far as of compensation of Rs.50,000/- is concerned, there does not appear any material to justify it. Accordingly, we reject this prayer.

            Hence ,

ordered

            CC/261/2016 and the same is allowed in part. OP is directed to pay Rs.1,25,000/-  to the Complainant within six months of this order, in default this amount shall carry interest of 10% p.a. till realization.