Order No.  13  dt.  21/07/2017

       The case of the complainant in brief is that the complainant applied for acquiring a plot / villa / apartment in the Housing Project at Park Avenue, Talwandi Bhai, Tehsilzeera Dist. Firozpur Punjab and against payment of Rs.1 lakh to o.ps.  After receiving the payment o.ps. issued a certificate on 16.7.13 and expiry date of the said certificate was 19.6.15. In terms of the said certificate o.ps. agreed to pay a sum of Rs.1 lakh as maturity value by 19.6.15. In spite of expiry of the said date the complainant repeatedly requested the o.ps. for refund of the said amount but o.ps. did not pay any heed. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. for refund of the money of Rs.1 lakh and compensation of Rs.40,000/- and litigation cost of Rs.5000/-.

            In spite of receipt of notice the o.ps. did not contest this case by filing w/v and as such, the case has proceeded ex parte against them.

            In order to prove the case ld. lawyer for the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents including the photocopy of the certificate issued by o.ps. The complainant submitted that since o.ps. did not appear therefore the evidence of the complainant has remained unchallenged and therefore it should accepted and necessary order is to be passed accordingly.

            Considering the submissions of ld. lawyer for the complainant and on perusal of the materials on record we find that the complainant invested an amount of Rs.1 lakh and o.ps. assured that a plot of land would be provided and the date of maturity of the certificate was expired on 19.6.15. In spite of expiry of the said date the complainant repeatedly requested the o.ps. to pay the said amount but they did not abide by the request of the complainant. In view of the said evidence on record and since no challenge has been made by o.ps. to controvert the allegation of the complainant, therefore we have no other alternative but to accept the case of the complainant. Thus the case is disposed of accordingly.

            Hence, ordered,

            That the CC No.136/2016 is allowed ex parte with cost against the o.ps. The o.ps. are jointly and/or severally directed to pay a sum of Rs.1,00,000/- (Rupees one lakh) only to the complainant along with compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only 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.