This is a complaint made by one Sri Prodyot Nandy, son of Rabindra Nath Nandy, resident of 11A, Sardar Sankar Road, P.S.- Tollygunge, Kolkata-700 026 against (1) Skywood Developers Pvt. Ltd., having its corporate office at 32-S, Block-B, New Alipore, P.S.- New Alipore, Kolkata-700 053, OP No.12, (2) The Director, Skywood Developers Pvt. Ltd. of 32-S, Block-B, New Alipore, P.S.-New Alipore, Kolkata-700 053, OP No.2 and (3) C21 Advisory Services Pvt. Ltd., of 32-S, Block-B, New Alipore, P.S.- New Alipore, Kolkata-700 053, praying for a total refund of the booking amount of Rs.50,000/-  with interest of Rs.8,000/- till July,2016 and direction upon the OP to pay interest @ 10% p.a. upon the total amount of Rs.58,000/- and further direction to pay compensation to the tune of Rs.2,00,000/- and litigation cost of Rs.50,000/-.

            Facts in brief are that in respect of the advertisement of the OP published on 13.12.2014 in the Ananda Bazar Patrika, Complainant wanted to book one BHK flat at Skywood Greens near Joka Metro. Accordingly, OPs provided an application form for booking and purchasing the said flat. Complainant submitted the form on 21.12.2014 with a cheque of Rs.50,000/- drawn on Axis Bank Ltd. and OPs issued a money receipt on 21.l12.2014 on behalf of Skywood Developers Pvt. Ltd. Thereafter, Complainant due to some unavoidable circumstances, had to cancel the booking and wrote to the OPs on 19.04.2015 informing about the cancellation subject to the deduction of cancellation charge which was 20% of the paid amount. Complainant even after issuing the said letter made several telephonic conversations and asked them he needs money back, but, OPs even after a lapse of 120 days did nothing on the prayer of cancellation of Complainant. OPs did not release Rs.50,000/- in favour of the Complainant. So, Complainant filed this case.

            On the basis of above facts, the complaint was admitted and notices were served. But, OPs did not make appearance and did not pay any heed to the prayer of the Complainant.

Decision with reasons

            Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint petition. Complainant has also filed written argument.

            Main point for determination as to whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the Xerox copy of the cheque bearing No.121710, it appears that on 21.12.2014 Complainant issued a cheque in favour of the Skywood Developers Pvt. Ltd. to which C21, Advisory Services Pvt. Ltd. issued a receipt. The Xerox copy of which is filed. This makes it clear that Complainant paid Rs.50,000/- to the OPs. However, Complainant made requests for cancellation of the booking. But, OPs did not pay any heed to the requests of the Complainant and did not return the money as per the terms of the booking. Complainant was compelled to come before this Forum for getting refund of the money paid as booking money.

            Since allegations of the Complainant remain unrebutted and unchallenged, we are of the view that Complainant is entitled to the refund of Rs.50,000/- and OPs  have lost their opportunity to deduct 20% in terms of the agreement. It is because had OPs complied the request of the Complainant they would have been entitled to deduct 20%. But, now since Complainant is before this Forum that prayer of the OPs cannot be made available.

            Complainant has also prayed for interest of Rs.8,000/- till July,2016 and also 10% interest on Rs.58,000/- from August, 2016 till realization. This interest amount cannot be made available to the Complainant, because they are being provided that relief of getting booking money which they paid and OPs are losing their 20% deduction in terms of the agreement. Complainant must be aware that booking was cancelled by him and not by the OPs. So, they are not entitled to any interest.

            Complainant has prayed for compensation of Rs.2,00,000/- which appears to be too excessive and there is no ground to allow compensation to the Complainant. However, Complainant is entitled to get litigation cost of Rs.10,000/- because he was compelled to come to Forum for the reliefs.

            Hence,

ordered

            CC/354/2016 is allowed ex-parte in part. OPs are directed to refund Rs.50,000/- within three months of this order, in default the amount shall carry interest @ 12%- p.a. till realization . Liability of OPs is joint and several.