Judgement Dt. 08.03.2017

          This is a complaint made by one Dibyendu Patra against Mr. Sajal Karmakar praying for refund of booking money of Rs. 200000/- with interest @ 12% p.a. and Rs 50000/- as compensation and litigation cost.

          Facts in brief are that Complainant executed an agreement with OP on 28.09.2012 for purchasing 960 Sqft including 136 sqft Garrage on the southern side of First Floor of the building. Complainant on several occasion over phone knew about the progress of construction. Complainant paid Rs. 2Laks as booking money on Jan’”2012. But, OP did not deliver possession to him. So Complainant filed this case.

          OP filed Written Version and denied the allegation of the Complaint. In the Written Version it is stated that this Complaint has been wrongly admitted by DCDRF because the value of Flat was more than RS. 2000000/- . So, OP have prayed for dismissal of the Complaint.

Decision with reasons

          Complainant filed affidavit-in-chief wherein he has stated that price of the flat was Rs. 2000000/- and he has paid Rs. 200000/- as booking money. Since Complainant found that Construction was not being done complainant requested for refund of the booking money. Against that OP has filed questionnaire to which Complainant filed affidavit-in-reply. OP has also filed evidence to which Complainant filed question to which OP filed affidavit-in-reply.

          Main points for determination is whether Complainant is entitled for replies as prayed for.

         On perusal of agreement dt. 28.09.2012 it appears that price of the Flat was Rs. 2000000/- Further, it appears that Complainant did not pay money in time. Further receipt reveals that the Complainant has paid the money. Considering the fact that Complainant has paid RS 200000/-, we are of the view that OP has responsibility of refunding the money which he took from Complainant. At best he is entitled for some deduction but since Complainant was compelled to file this case deduction cannot be permitted. There is no ground for awarding Compensation and litigation cost but the money which Complainant has paid must be returned.

Hence,

Orderd

          CC/51/2015 is allowed on contest OP is directed to refund Rs 200000/- by a/c payee cheque to the Complainant within 3 months of this order in default the amount shall carry interest @ 10% p.a.