This is a complaint made by Uttam Kumar Pandit and Pinku Pandit of Sri Nagar, 3 No. Madhyamgram, Kolkata-700132 against Prayag Infotech Hi- Rise Limited of P-45, Bhupen Roy Road, Kolkata-700034 and C.M.D. Basudeb Bagchi of 139C/21/1, Becharam Chatterjee Road, P.S. Behala, Kolkata-700034 praying for refund of the earnest money after investigation from your side.

            Facts, in brief, are that Complainant No.1 and Complainant No.2 wife of Complainant No.1 are residing at Madhyagram Rabindranagar deposited an amount of Rs.2,11,420/- and Rs.48,430/- total being Rs.2,59,850/- but unfortunately that company had stopped this monetary dealings from January, 2015 without any notice. Complainant sent a letter on 10/2/2016 on which company asked they will have to deposit original certificate and identity proof. They offered a receipt copy in a blank paper against the original certificate. So, Complainant filed this case.

            On the basis of above facts the complaint was admitted and notices were served. OP appeared by filing Vakalatnama and took time for filing written version but did not file written version. So, the case was heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief and certain document. In the affidavit-in-chief Complainant have reiterated the facts mentioned in the complaint petition.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            No original receipt has been filed to establish that Complainant paid Rs.2,59,850/-. Xerox copy of the certificate of Prayag Infotech Hi-Rise Limited is filed which does not establish as to how much amount Complainants paid.

            Prayer of the Complainant is for refund of their amount after investigation.

            We are afraid that as per Consumer Protection Act we have any power to investigate the facts as lodged by the Complainants. They are themselves not sure how much amount they paid. So the prayer of Complainants appear to be vague and ambiguous and accordingly no relief can be granted to the Complainants.

            Hence,

            O R D E R E D

            CC/196/2016 and the same is dismissed ex-parte.