In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 249/2009 1) Vinit Kumar Seksaria, P-92, CIT Road, Scheme VI-M, Kolkata-54. ---------- Complainant ---Versus--- 1) Ruchi Realty Holdings Pvt. Ltd. Marketing and site office at 54/10, B.C. Roy Road, near ITC Sonar Bangla Off. EM Bypass, Kolkata-15 and Calcutta office at 28B, Shakespeare Sarani, 2G NeelambarBuilding, P.S. Shakespeare Sarani, Kolkata. ---------- Opposite Party Present : Sri Sankar Nath Das, President. Dr. Subir Kumar Chaudhuri ,Member Smt. Sharmi Basu ,Member Order No. 31 Dated 10/01/2013. In a nutshell, the case of the complainant is that upon representation of o.p. the complain ant expressed his intention to book one flat Type ‘C’ in Tower no.5, on 8th floor having super built up area measuring about 2028 sq.ft. approximately in the said project and paid a sum of Rs.3 lakhs on 7.7.08 by cheque no.624576 dt.4.7.08 in favour of o.p. O.p. issued a money receipt being receipt no.RR/AA/58C/372 dt.7.7.08 acknowledging payment of the amount. O.p. asked the complainant to fill up an application form for booking of the flat accordingly complainant filled up form and asked for a copy thereof, whereupon o.p. represented that copy of th e application would be furnished subsequently when the agreement would be entered into by and between the parties. Complainant made further payment of Rs.5 lakhs by cheque no.624578 and 634616 both dt.25.9.08 drawn on Federal Bank Ltd. in favour of o.p. in respect whereof o.p. granted two separate receipts for Rs.2 lakhs and Rs.3 lakhs respectively. Complainant visited the site but to the complainant’s utter surprise it was found that the progress of work very slow. Complainant discussed the matter with o.p. whereupon complainant came to know that due to financial crunch the work was not proceeding. Complainant cancelled the booking by a letter dt.28.11.08 and asked o.p. to refund the sum of Rs.8 lakhs paid by complainant. it is pertinent to mention that no agreement was entered into by and between the parties in respect of the said booking of the flat. After repeated demands and reminders o.p. refunded a sum of Rs.6,75,733.30 by a cheque bearing no.860555 dt.18.2.09 drawn on IDBI Bank purportedly deducting a sum of Rs.25,000/- towards cancellation of booking and further deducting a sum of Rs.99,267.70 towards interest against booking amount of Rs.8 lakhs. Complainant accepted the said cheque on protest and asked o.p. to refund the amount of interest deducted wrongfully and illegally by o.p. O.p. did not pay heed to the complainant’s request made vide letter dt.5.l3.09 and o.p. by a reply dt.9.3.09 repeated that deduction has been made as per the agreed terms and conditions. Complainant states that the receipt for advance booking contains the specific terms and conditions that in case of cancellation of booking prior to agreement a sum of Rs.25,000/- shall be deducted per booking. O.p. wrongfully and illegally deducted Rs.99,267.70 towards interest. Complainant states that o.p. has failed and/or neglected to refund the said sum of Rs.99,267.70. Hence the case was filed by complainant with the prayer contained in the petition of complaint. Sole o.ps. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument has stated that the case has got no merit and the same is liable to be dismissed. Decision with reasons: We have gone through the pleadings of the parties, evidence and documents in particular. The specific case as we find from the record is that complainant booked a flat for which he made payment of Rs.8 lakhs in total but due to delay in the progress of work after visiting the site various times cancelled the booking by letter dt.28.11.08 and o.p. issued receipt as against making payment of Rs.8 lakhs. It further transpires from the record that after receipt of cancellation of booking o.p. refunded a sum of Rs.6,75,773.30 by cheque bearing no.860555 dt.18.2.09 deducting a sum of Rs.25,000/- towards the cancellation of booking and further deducting a sum of Rs.99,267.70 towards the interest against the booking amount of Rs.8 lakhs. Complainant in the course of argument said that he has nothing to say so far as Rs.25,000/- is concerned towards cancellation of booking of the flat, but the specific case of the complainant is that there is no justification or reason for deduction of Rs.99,267.70 towards the interest of booking money of Rs.8 lakhs. In view of the above findings and on perusal of the entire materials on record we do not find any earthly reason for deduction of Rs.99,267.70 and this act on the part of o.p. amounts to deficiency in service being a service provider to its consumer / complainant and complainant is entitled to relief. Hence, ordered, That the case is allowed on contest with cost against the o.p. O.p. is directed to make refund of Rs.99,267.70 (Rupees ninety nine thousand two hundred sixty seven and seventy paise) only together with interest @ 9% p.a. from the date of deposit till the date of realization and is further directed to pay compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% 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. | 
