Today is fixed for order, accordingly the record is taken up today. This case arises out of a complaint u/s 12 of the Consumer Protection Act, 1986 by the Complainant. The case of the Complainant is that her husband Late S.P Ghosh paid Rs. 40,000/- to the O.P, who is the proprietor of Happy City Estates Private Limited for purchasing a site measuring 2,400 sq. ft. on 22.03.2002, and O.P issued a receipt for the said amount but thereafter, on repeated requests the O.P did not fulfill the requirements of registration of their plot No. 64 in his favour. Subsequently, her husband expired and then she requested the O.P for the registration of the plot but he delayed the matter and ultimately, has not done anything in this regard. Now, by filing this case the Complainant prays for refund of Rs. 40,000/- with interest.

          We find that the O.P has not contested this case by filing any written objection and therefore, the case was heard ex-parte.

          The Complainant Smti. Geeta Ghosh filed her examination-in-chief on affidavit and also 3 documents which are the original receipt (Exhibit-1), death certificate of her husband (Exhibit-2) and original brochure of Happy City (Exhibit-3). The Complainant in her evidence has stated, Exhibit-1 reveals that S.P. Ghosh had paid the said amount of Rs. 40,000/- to the O.P on 22.03.2002. The husband of the Complainant died on 06.03.2011 as we find from Exhibit 2 which is the death certificate. It has been made clear by the Complainant that the said price of Rs. 40,000/- was given to the O.P for plot for the residential unit for them but the O.P did not do anything for the registration in their favour.

          Considering, the unchallenged testimony of the Complainant and also considering the documents submitted by her we are of the view that the Complainant is a Consumer and the case of the Complainant comes under the unfair trade practices by the O.P thereby, bringing the case within the purview of the Consumer Protection Act and therefore, we think the Complainant should get the relief as prayed for.

           Accordingly, it is

Ordered

          that the instant case be and the same is allowed ex-parte. The Petitioner is entitled to the relief as prayed for. The O.P is directed to pay Rs. 40,000/- along with interest at Rs. 10 % per annum since the date of 22.03.2002 to the Complainant within 2 months from the date of this order, in default, the awarded sum will carry interest @ 12% per annum till the date of realisation. In default of payment of said amount the Complainant will be at liberty to realize the amount by putting the order into execution.

          A copy of this order be supplied to the complainant.

   Member                         Member                           President