FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

            Complainant’s case, in brief; is that upon believing advertisement of OP, he  submitted an application to the OP to purchase one residential Plot being No. 221 measuring an area of 1440 sq. ft. at Veer Awas, Kolkata at General Area, Vill – Taldaharia, P.P.- Kora Chandigarh under P.S. Barasat within the District of North 24 Pgs against allocation letter dated 18.07.2013 ( bearing No. CB/Kolkata/028/082/221). Total consideration amount of the plot is Rs.7,75,933.55/-. Complainant paid the entire consideration amount to the OP on various dates against money receipts. Neither the OP delivered possession of the subject plot nor executed and registered any Deed of Conveyance in his favour. The OP/Company escaped their liabilities by practicing fraud. The OP adopted unfair trade practice alluring the Complainant. Hence, the Complainant has approached this Commission by way of Consumer Complaint seeking reliefs as prayed for.

            In spite of service of notice, the OP  did not turn up to contest the case. Even they failed to file WV within the statutory period of 45 days. Thus, the case has proceeded ex parte against the OP.

            We have travelled over the documents on record i.e. money receipts against allotment letter bearing No. CB/Kolkata/028/082/221 dated 08.07.2013. On perusal of evidence of the complainant coupled with those documents, we find that the Complainant booked one residential plot being No. 221 at Veer Awas, Kolkata at General Area, Vill – Taldaharia, P.P.- Kora Chandigarh under P.S. Barasat within the District of North 24 Pgs and the OP issued an allocation letter dated 08.07.2013 against payment of Rs.1,32,986/- and subsequently, complainant paid the entire consideration amount on various dates in respect of the subject plot. It appears to us that the OP did not start any development work on the proposed project namely Veer Awas, Kolkata. The OP/company has received Rs.7,75,933.55/- from the Complainant and  utilized  the money for its own gain without starting any development work at the proposed site.  There is no evidence on the part of the OP to controvert the version of the Complainant.  In absence of any contrary and controverting materials coupled with documents on record, Complainant has been able to establish his case against the OP. Therefore, the OP has exhibited a gesture of unfair trade practice and deficiency of service. Thus, the Complainant is entitled to get relief as prayed for.

            In the result, the case succeeds in part.

            Hence,

Ordered

That the Complaint Case be and the same is allowed ex parte against the OP in part with litigation cost of Rs.3,000/- (Rupees three thousand) only.

The OP is directed to refund Rs.7,75,933.55/- (Rupees seven lacs seventy five thousand nine hundred thirty three fifty five paise) only as booking money along with simple interest  at the rate of  5 percent p.a. with effect from the date of payment till realisation.

The OP is directed to comply the order within 60 days from today.

Liberty be given to the Complainant to put the order in execution, if the OP transgresses to comply the order.

 Copies of the order be given to the parties as and when applied for and the final order be uploaded on the website of this commission forthwith.