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

          The case of the complainant, in brief, is that he entered into an agreement on 04-09-2012 for sale with the OP for purchasing one room measuring about 90-100 sq. ft. on the ground floor at 20, Nobin Kundu Lane, Kolkata – 700 009, P.s. Amherst Street, at a consideration money of Rs.4 lakh out of which he paid as an advance of Rs.1,35,000/- on different dates from 05-09-2012 and by 5^th December, 2012.

          The specific case of the complainant is that though OP promised to deliver the room about 90 to 100 sq. ft. at the ground floor within 2(two) or 3(three) months from the date of agreement on 4^th September, 2012 on receiving the balance consideration money.  But die to delay of construction on the side of the OP even after waiting 2(two) years, the complainant being helpless demanded to the OP for return of his paid advanced money being paid to them.  Since the OP was reluctant to refund the money of the complainant, so he sent a demand notice through his lawyer on 09-095-2014 to the OP by RW 473503614 Registered Post with A/D which was also delivered on 10-05-2014 to the OP./

          In spite of receiving the legal notice, the OP did not take any step or pay any heed t refund the money already paid to them as advance.

          Finding no other alternative, the complainant ultimately filed aw complaint before this Forum for redressal of his case.

          The OP neither appeared nor contested the case by filing written objection despite service of notice.  Hence, the case is heard ex parte.

Decision with Reasons

On proper study of the complaint and documents it is evident that the complainant entered into an agreement on 04-09-2012 wioth the O for sale of a room and paid Rs.1,35,000/- as an advance out of total consideration money of Rs.4 lakhs to the OP.

          It is unchallenged fact that the OP failed to make any construction of the building within the due time as promised by them and the complainant requested the OP to return the advance money being paid to his but the OP has not yet paid and pay any heed to that even after receiving the demand notice on 10-05-2014 so the inaction on the part of the OP to that effect amounts to deficiency of service and at the same time an unfair trade practice for violation of the agreement to same.  in the above premises the case of the complainant succeeds when the status of the complainant as consumer is unchallenged.

Hence,

Ordered

That the case be and the same is allowed ex parte against the OP with a cost of Rs.5,000/- only.

          The OP is directed to refund and pay Rs.1,35.000/- to the complainant along with interest  at the rate 10percent with effect from 05-12-2012 and the full satisfaction of the decree and comply the above order within one month from the date of this judgment failing which per day punitive damages  at the rate Rs.100/- shall be assessed till full satisfaction of the decree and if the said amount is so collected, shall be deposited to this Forum on proper receipt.

          Even if the OP neglects to comply, the penal action/proceeding shall be initiated u/s.27 of the C.P. Act, 1986.