This is a complaint made by one Sri Pabitra Majumder against Sri Chandan Rakshit, Proprietor, S.B. Enterprise, praying for a direction upon the OP to pay back Rs. 1,85,000/- along with interest @ 12% p.a., damages for a sum of Rs. 6,00,000/-, Compensation for a sum of Rs. 2,00,000/- and litigation cost for a sum of Rs. 30,000/-.
Briefly stated, case of the Complainant, is that, he is a poor daily wage earner “Santraj”. He was engaged by the OP in one of his projects for which an amount of Rs. 20,000/- was due to him. However, instead of paying the said remuneration, the OP enticed him with a proposal to provide a 80 sq. ft. shop at Premises No. 196/165, Vidyasagar Sarani, Purba Barisa, Kolkata – 700 063 at a total consideration of Rs. 2,50,000/- and on and from 26-02-2010, he started realizing Rs. 1,85,000/- in several installments. However, even after realization of the money from the Complainant, OP did not handover possession of the shop in question. Being hard pressed, on 04-06-2015, the OP admitted in writing that he had agreed to sale one shop room to the Complainant and taken Rs. 1,85,000/- for this purpose. Besides, on 06-06-2015, he further committed that he would remain liable to refund, within one month from the date of said written commitment, the admitted amount of advance consideration money. Thereafter, OP issued two cheques of Rs. 50,000/- each on 15-03-2015 and 17-03-2015, respectively. However, both the cheques got dishonoured due to insufficient fund. It is further stated that earlier also, the OP issued a cheque for an amount of Rs. 1,00,000/- being cheque no. 664144 dated 01-04-2014 in favour of the Complainant. However, this particular cheque also met the same fate. So, the Complainant served a demand notice dated 05-05-2016 upon the OP, but to no avail. Hence, this case.
On the basis of above averments, the complaint case was admitted and notice duly served upon the OP on 06-05-2016. However, the OP did not turn up to defend his case. So, the case was heard ex parte.
Decision with reasons
In support of his case, Complainant filed photocopies of some cheques along with Inward Return memo issued by UBI, acknowledgement of money worth Rs. 1,20,000/- on a plan paper, an undertaking executed by the OP acknowledging receipt of money from the Complainant, copy of an agreement written on a non-judicial stamp paper and signed by the OP, letter dated 05-05-2016 sent to the OP.
It appears from the photocopy of declaration executed on a non-judicial stamp paper that he has received a sum of Rs. 1,85,000/- from the Complainant out of total consideration money of the shop in question, i.e., Rs. 2,50,000/-. In absence of any rebuttal from the side of the OP about the veracity of such declaration and given the fact that Complainant has not fully paid the total consideration money of the shop in question, we are of view that justice would be served if the OP is directed to return Rs. 1,85,000/- to the Complainant along with 10% interest and litigation cost for a sum of Rs. 10,000/-
Hence,
O R D E R E D
that CC/232/2016 be and the same is allowed ex parte in part against the OP. The OP is directed to return, within 40 days hence, a sum of Rs. 1,85,000/- to the Complainant by means of a Demand Draft along with 10% interest p.a. w.e.f. 30-05-2016, i.e., the date of filing of this case till full and final payment is made.