Heard the ex-parte submissions of authorized representative of Complainant and perused the documents filed into the complaint. The case of the Complainant is that, in purpose to purchase a land At- Barnua, Dist- Jajpur paid Rs. 1 lakh to Op, who is a land developer. But inspite of receipt of the amount of Rs. 1 Lakh, Op did neither handover the proposed land to the Complainant, nor returned the consideration amount paid to the Op. After, persuation, Op returned Rs. 25,000/- and issued a cheque amounting of Rs. 75,000/- as balance amount of the consideration. But said cheque was not cleared as ‘insufficient of funds’. Complaint also issued a legal notice, on receipt of the same, Op undertakes to refund the said balance amount at an early possible date, which is not complied, hence the Complaint before the Forum, seeking  prayer for realization of amount of Rs. 75,000/- along with compensation of Rs. 20,000/- for mental agony and Rs. 5,000/- as cost of litigation. In support of his claim, Complainant filed a Xerox copy of under taking signed by Op in presence of the gentries. The Op-did not take part on the proceeding by refusing to accept the Notice of the Forum. The undertaking executed by Op revels that, the allegation of the Complainant are facts and Ops is ready to refund the balance of Rs. 75,000/-. In the absence of any counter  to the allegations, no option is left before the Forum, but to accept the version of the complainant and Op has committed an Unfair Trade Practice by neither handing over the said Plot nor returning the balance amount Rs. 75,000/-, which certainly gives mental agony to the Complainant.

                         Accordingly, it is directed that, Op will refund Rs. 75,000/- (Rs. Seventy Five Thousand only) to the complainant with 6% S.I.P.A. from dt. 23/6/2016 to till its realization. It is further directed that Op will pay an amount of Rs. 5,000/- as compensation for mental agony and Rs. 1,000/- as cost of litigation. The ordered amount will be paid to the Complainant by Op within  one month of  receipt of this order, failing which 9% S.I. P.A. will be imposed on the Op for the delayed period and necessary action will be initiated against the Op as per the provisions of C.P.Act, 1986.

                            Complaint is allowed in-part with cost on ex-parte.

                         Pronounced on the open Court this 8^th day of May-2018.            

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                              Member                  Member                        President