Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order : 30.11.2016

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite party to pay the deposited amount of Rs. 1,50,000/- ( Rs. One Lakh Fifty thousand only ) along with 18% interest as well as compensation.
2. To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.

2. The facts of this case lies in a narrow compass which is as follows:-

The complainant has asserted that he has deposited cash amount of Rs. 1,50,000/- vide annexure – 1 with opposite party for purchasing portion of 2^nd floor of furnished premises of Vaishnavi Mahendragiri Apartment, Block – B built on the part of M.S. Plot no. 1133, Holding No. 277, Ward no. 20, Circle no. 45 in Mohalla – Mahendru, P.S. – Sultanganj, District – Patna. The total price demanded in this regard by opposite party was Rs. 5,70,000/- which included fixed parking, electric connection and for Generator extra Rs. 40,000/- was to be paid. The opposite party has asserted that he will provide the aforesaid flat within 18 months from the date of agreement. As per assurance of opposite party, the complainant has paid Rs. 1,50,000/- vide annexure – 1 and also entered in agreement with opposite party on 22.01.2001 vide annexure – 2 in which the details of construction etc. has been narrated.

The complainant has further asserted that despite annexure – 2 the opposite party has not started the construction of aforesaid flat even after 18 months and as when the opposite party failed to discharge his duty as per annexure – 2 then the complainant requested to return his money and for this he has given a legal notice but opposite party is not taking any action.

From the record it appears that when the registered notice sent to opposite party returned unserved then a direction was passed to publish the notice in News paper and thereafter the notice against opposite party was published in the News paper namely Prabhat Khabar ( a popular daily hindi news paper) on 18.07.2010 as will appear from cutting of the notice submitted by the complainant after affixing the same on application dated 30.07.2010.

From record it transpires that after publishing of the notice against opposite party several adjournments were given to him to enable him to contest this complaint by filing written statement with cogent evidence but the opposite party did not appear. Thereafter this case was heard ex – parte on 06.09.2016 and this order is being passed.

It is the case of the complainant that as per assurance of opposite party the complainant has deposited cash of Rs. 1,50,000/- vide annexure – 1 to opposite party who assured him to give possession of the flat within 18 months of agreement. Thereafter both the parties entered into an agreement on 22.01.2001 vide annexure - 2 from which it appears that the complainant was to pay total price of Rs. 5,70,000/- which included fixed parking, electric connection but not generator for which Rs. 40,000/- was to be separately deposited.

The complainant has asserted that the opposite party has not fulfilled his duty as per terms contained in annexure – 2 and has not even returned his amount containing annexure – 1.

It is needless to say that the aforesaid fact has been asserted by the complainant on oath hence we are bound to rely on the same which definitely constitute deficiency on the part of opposite party.

Hence we direct the opposite party to return the deposited amount of the complainant i.e. vide annexure – 1 with interest @ 10% within the period of two months from the date of receipt of this order of certified copy of this order failing which the opposite party will have to pay an interest @ 18% on the aforesaid amount of Rs. 1,50,000/- ( Rs. One lakh Fifty thousand only ) till its final payment.

Opposite party is further directed to pay Rs. 25,000/- ( Rs. Twenty Five Thousand only ) to the complainant by way of compensation and litigation costs within the period of two month.

Accordingly this complaint petition stands allowed to the extent referred above.

                             Member                                                                              President