Order No.  12  dt.  07/11/2017

       The case of the complainant in brief is that the complainant after retirement from service, he shifted to Patuli for purchasing a plot of land measuring about 1400 sq.ft. situated at Sonarpur and for that purpose the complainant agreed to pay Rs.72,000/- as the cost of the land and Rs.48,000/- for development of the land. As per the agreement the complainant paid installment regularly and in such manner he paid Rs.86,000/- in all to the o.p. In spite of the payment of the said amount the complainant found that no development of the land was found and no information was received from the o.p. The complainant realizing that he has been deceived by the o.p. for which the complainant sent a lawyer’s notice demanding the amount paid by him but the o.p. did not give any reply. On the basis of the said fact the complainant filed this case praying for direction upon the o.p. for refund of the said amount as well as compensation of Rs.80,000/-.

            The o.p. in spite of service of notice did not contest the case as such the case has proceeded ex-parte against the o.p.

            In order to prove the case the complainant filed the documents including the agreement entered into between the parties as well as the receipts showing payment of money to the o.p. The complainant also filed affidavit of evidence whereby he stated the entire fact as to the nature of the land, total price of the land and also the amount to be paid by the complainant for the development of the land in question. The evidence of the complainant has remained unchallenged therefore we have no other alternative but to accept the plea of the complainant. As such the complainant will be entitled to get the relief as prayed for.

            Hence, ordered.

That the C.C.No.385/2015 is allowed ex-parte against the o.p. with cost. The o.p. is directed to refund the amount of Rs.86,000/- plus compensation of Rs.40,000/-  and litigation cost of Rs.5,000/- to the complainant within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.  

            Supply certified copy of this order to the parties free of cost.