DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C. C.  CASE  NO. 173/2021

           Date of Filing:                         Date of Admission:                               Date of Disposal:                

          02.09.2021                                   06.12.2021                                        11.11.2022

P R E S E N T                :-       Shri Debasis Mukhopadhyay…………President.

                                       :-       Smt. Monisha Shaw …………………. Member.

                                      :-        Sri Abhijit Basu……………………….Member

JUDGMENT / FINAL ORDER

This is a complaint under Section 12 of the C.P. Act, 1986.

The complainant stated that the complainant and O.P. Nos. 1 and 2 executed agreement dated 09.09.2018 in respect of transfer of flat as per the agreement. The complainant paid Rs. 4,17,800/- to the O.Ps out of total consideration of Rs. 13,91,791/-. Subsequently the O.Ps did not take any step for construction of the flat and the project and also did not refund the amount of money to the complainant. Hence the complainant filed this case praying  for a direction to the O.Ps to refund the deposited amount of Rs. 4,17,800/- to the complainant which was paid as part payment and also interest, compensation and cost.

The opposite parties did not contest the case and hence the case was heard exparte .

Considering the contention of the parties as per written complaint , evidence on record  and the documents filed and the submissions it is found that the complainant has produced documents that he paid Rs. 4,17,800/- to the opposite parties for the flat as advance amount but the O.Ps neither constructed the flat nor refunded the amount to the complainant. There is no evidence to the contrary adduced by the O.Ps to disbelieve the complainant’s case. Hence the complainant’s case is held to have been proved exparte and the complainant is entitled to get decree as prayed for.

Contd/-2

C. C.  CASE  NO. 173/2021

:: 2 ::

Hence,

             It is Ordered

that the case be and the same is allowed exparte against the O.Ps.

The O.Ps are directed to refund the amount of Rs.4,17,800/- along with 9% interest thereon from the date of its deposit till realization to the complainant within two months from this date failing which the complainant is at liberty to take steps according to law.

Let plain copy of this order be given to the parties free of cost.

Dictated & Corrected by me                      

President                                                                                                       President

Member                                                                                                         Member