Judgment : Dt.22.9.2017
Shri S. K. Verma, President.
This is a complaint made by Pampa Guha and Arindam Guha, Swaranika Co-Operative Housing Society Ltd., Phase-II, HIG(L), 1/3, Biren Roy Road (West), Sakuntala Park, Kolkata-700 061 against Mr. Kaushik Das, Founder & Director, Century 21 Advisory Services Pvt. Ltd., Corporate Office (Kolkakta), 32-S, Ground Floor, Block-B, New Alipore, Kolkata-700 053, P.S.-New Alipore, praying for refund of Rs.25,000/- with interest and Rs.2,000/- per year and compensation and litigation cost.
Facts in brief are that Complainant booked a flat in Dakshini Green City Projects through Century 21 Reality on 7.9.2015 and paid Rs.25,000/-. But the Dakshini Green City Project failed to obtain sanctioned plan. Complainant made several requests for refunding the money. But of no use. So, Complainant filed this complaint.
OPs did not appear to contest the complaint and so the case was heard ex-parte.
Decision with reasons
Complainant filed a petition praying for treating the complaint petition as affidavit-in-chief.
Main point for determination is a direction upon the OPs for refunding of Rs.25,000/- as well as compensation and litigation cost.
A Xerox copy of one cheque is filed to establish that payment of Rs.25,000/- was made. A copy of the letter issued by the Complainant asking for refund of Rs.25,000/-. Also, filed one copy of the acceptance of the booking. So, prima facie, it appears that OPs received Rs.25,000/-.
Since the allegation remained un-rebutted and unchallenged, we find that Complainant is entitled to refund of Rs.25,000/- with litigation cost of Rs.5,000/-.
Hence,
ordered
CC/279/2017 and the same is allowed ex-parte. OP is directed to pay Rs.25,000/- within three months of this order, in default the amount shall carry interest @ 10% p.a. OP is also directed to pay litigation cost of Rs.5,000/- to the Complainant within this period, in default this amount also shall carry interet @ 10%p.a.
