Judgment : Dt.21.6.2016

               This is a complaint made by one Binoy Krishna Mridha, son of Late Haribar Mridha of 107,Bansdroni Government Colony, against Shri Bhumi Reality Private Ltd, a partnership firm having its office at 127C/6 James Long Sarani, Kolkata and Sri Sankar Halder (Authorised signatory) of Shri Bhumi Reality Private Ltd., praying for refund of Rs.3,00,000/- and also compensation of Rs.1,00,000/- of litigation cost of Rs.30,000/-.

            Facts in brief are that Complainant entered into an agreement of sale with the OP on 13.2.2013. As per that agreement Complainant paid a total amount of Rs.3,00,000/- as booking money, on three different occasions. After the said payment OP No.2 showed the spot where the flat was to be constructed. At the time of agreement OP handed-over a copy of terms and conditions for compliance for purchasing the flat. But, Complainant realized that the flat would not be constructed from the act and conduct of the opposite party.

                   Complainant approached OP No.2 to refund his money as opposite party failed to start the construction. But, opposite parties took one or other plea and did not refund the money. Complainant is a retired person and is dependent upon his monthly pension. So, the Complainant filed this complaint.

                  On the basis of the above facts, the complaint was admitted on 9.2.2016 and OP was given chance for filing written version. But, OP did not file written version. So the case was heard ex-parte.

            Decision with reasons.

                 Complainant has filed affidavit-in-chief to prove the allegation of the complaint. On perusal of the affidavit-in-chief, it appears that Complainant has reiterated the facts of complaints in his affidavit-in-chief.

                  Main points for determination is whether Complainant is entitled to the relief as prayed for.

            On perusal of affidavit-in-chief and complaint, it appears that Complainant paid Rs.1,30,000/- on 18.2.2013 vide cheque No.55502 and on 28.2.2013Rs.1,00,000/- vide cheque No.348941 and also paid Rs.50,000/- for purchasing car park.

                  So, in total Complainant paid Rs.3,00,000/-. Since OP did not appear and challenge this contention of the Complainant, it is clear that the facts stated by Complainant remained un-rebutted and un-challenged. As such, it is clear that Complainant is entitled for refund of Rs.3,00,000/-.

              Further, Complainant has prayed for compensation of Rs.1,00,000/- for mental agony. In our view, if compensation of Rs.30,000/- and litigation cost of Rs.10,000/- are awarded the justice would be served.

                     Hence

O R D E R E D

                    CC/71/2016 and the same is allowed ex-parte in part.

                   Opposite parties are directed to pay Rs.3,00,000/- to the Complainant within two months of this order with interest of 12% p.a. from the date of receipt by the opposite party. In addition, opposite parties are directed to pay Rs.30,000/- as compensation and Rs.10,000/- as litigation cost within the same period. The liability of opposite parties are joint and several.