Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 29.02.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the amount of Rs. 50,000/- ( Rs. Fifty Thousand only ) paid as advance along with the interest @ 18% per annum from 01.02.2010 till its final payment.
- To pay Rs. 40,000/- ( Rs. Fourty thousand only ) as compensation.
- To pay Rs. 5,000/- ( Rs. Five Thousand only ) as litigation costs.
- Brief facts of the case as asserted by the complainant is as follows:-
The complainant has asserted that as per assurance of agent of opposite party no. 1 he deposited Rs. 50,000/- as advance to opposite party no. 1 for purchasing packaged drinking water plant of capacity of 2000 LPH full tank project vide annexure – 1 and annexure – 2. The complainant was assured earlier that if for any reason the order for supply of packaged drinking water plant referred above is cancelled by the complainant then the amount paid to opposite party shall be refunded. The complainant applied for the loan in prescribed manner to enable him to purchase the aforesaid water plant but loan was not sanctioned and as such he requested the opposite party no. 1 to refund the amount of Rs. 50,000/- which had been paid by the complainant to opposite party no. 1 as per assurance of opposite party no. 1. Thereafter the complainant was unable to purchase the aforesaid plant due to non sanctioning of loan and he approached the opposite party no. 3 with a request to refund the amount of Rs. 50,000/- which had been paid to opposite party no. 1. Thereafter one staff of the opposite party namely Prakash Sinha informed him that for refund of the aforesaid amount the complainant has to pay Rs. 2500/- by way of processing fee which he has deposited in the account of Sri Prakash Sinha vide annexure – 4 and requested him to refund the amount.
It is the case of the complainant that despite several request, the opposite parties have not returned the aforesaid amount to the complainant.
On behalf of opposite parties Vakalatnama has been filed on 12.09.2013 and despite allowing 10 adjournments the opposite parties did not filed any written statement. Hence, we have no option but to pass the order after hearing the complainant in exparte manner.
It is needless to say that as there is no counter version of the facts asserted by the complainant, hence we find and hold that the facts asserted in the complaint petition clearly disclose deficiency on the part of opposite parties.
Accordingly we direct the opposite party no. 1 and 2 jointly and severally to refund the amount of Rs. 50,000/- to the complainant along with an interest @ 8% paid by way of advance to opposite party no. 1 vide annexure – 1 and 2 within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to pay an interest @ 12% on the aforesaid amount till its final payment.
The opposite parties are further directed to pay Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant by way of compensation and litigation costs within the aforesaid period of two months.
Accordingly, this case stands allowed to the extent indicated above.
Member President
