Present         (1)      Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                               President

                    (2)      Smt. Karishma Mandal,

                              Member

                    (3)      Anil Kumar Singh

                              Member

Date of Order : 17.07.2018

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite parties to refund Rs. 8,08,375/-.
2. To direct the opposite parties to pay interest @ 18% over Rs. 11,58,375/- from 07.01.2013 to 13.11.2015, and over Rs. 8,08,375/- from 14.11.2015 till the date of realization.
3. To direct the opposite parties to pay cost and expenses incurred out of pocket in conveyances from Australia to Patna & back, and during visits to the office and site of the opposite parties at Patna, assessed to Rs. 2,00,000/-.
4. To direct the opposite parties to pay Rs. 1,50,000/- as Compensation.
5. To direct the opposite parties to pay Rs. 50,000/- as litigation cost.

2. The facts of this case lies in a narrow compass which is as follows:-

The complainant has asserted that he booked the flat no. A – 204 on 7^th January 2013 in Badal City (Apartment) which was being developed by opposite parties. At the time of booking he was assured that apartment was to be completed soon and possession will be given by June 2013. The complainant was requested by opposite party to make payment of 20% of the consideration amount of the flat at the time of booking because the agreed cost of the flat was Rs. 5,791,875/-. The opposite party no. 2 took the complainant at the site and showed the apartment under construction. Trusting the word of opposite party no. 2, the complainant paid more than the demanded amount of 20% and he had paid Rs. 11,58,375/- instead of Rs. 10,98,375/- on the date of booking i.e. 7 January 2013 and the opposite party provided the receipt of aforesaid amount which has been annexed as annexure –2 Series.

It is further case of the complainant that he was working in Australia and he was all the time making enquiry from the opposite parties about handing over the possession of flat and finally in September 2015 complainant came to India and seeing the position he requested the opposite parties to return his deposited amount. He sent E mail on 9 October 2015 for the purpose. The complainant received the information that opposite parties had been developing and selling apartment in different area of Patna and they have used the money in other project or personal use. Lastly after repeated request opposite party no. 2 promised to pay the money in two installments i.e. Rs. 6,00,000/- on or before 15 November 2015 and remaining Rs. 5,58,375/- with 18% interest on or before 15 December 2015. However, after number of calls and repeated request the opposite party had refunded a some of Rs. 3,50,000/- on 13 November 2015 and had denied to refund Rs. 8,08,375/-. The complainant has been put to severe loss and mental tension and as such he had filed this complaint.

From the record it appears that on behalf of opposite parties a vakalatnama has been filed on 29.03.2016 but when the opposite party did not filed written statement after allowing sufficient opportunity then they were debarred from filing written statement and this case was heard ex – parte.

It goes without saying that the aforesaid facts has been asserted by the complainant on oath and there is no counter version of the opposite parties. Hence, we have no option but to rely on the statement of the complainant which clearly shows deficiency on the part of opposite parties.

For the reason stated above we direct the opposite parties to return Rs. 8,08,375/- ( Rs. Eight Lacs Eight Thousand Three Hundred Seventy Five only ) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 12% interest on the above said amount of Rs. 8,08,375/- ( Rs. Eight Lacs Eight Thousand Three Hundred Seventy Five only ) till its final payment.

Opposite parties are further directed to pay Rs. 1,00,000/- ( Rs. One Lac only ) to the complainant by way of compensation and litigation costs within the period of two months.

Accordingly, this complaint stands allowed to the extent referred above.

                                   Member                                    Member (F)                              President