Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.12.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to pay Rs. 1,00,000/- ( Rs. One Lac only ) along with 18% interest vide annexure – 1.
- To direct the opposite party to pay Rs. 2,00,000/- ( Rs. Two Lack only ) as compensation etc.
- To direct the opposite party to pay Rs.10,000/- ( Rs. Ten Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he entered into an agreement for sale of flat with opposite party no. 1 in Mahendra Giri Apartment situated in Mohalla – Mahendru, P.S. – Sultanganj, Patna for total price of Rs. 4,75,000/- with fixed parking, electricity connection and generator for which Rs. 40,000/- had to be paid. The details of the aforesaid agreement has been mentioned in Para – 1 as well as on page 12 of the agreement for sale which has been annexed as annexure – 2.
The complainant has further asserted that for the purchase of the aforesaid flat, he has paid Rs. 1,00,000/- by way of advance vide annexure – 1 to the opposite party and agreed to pay further amount as per terms and condition contained in annexure – 2.
The grievance of the complainant is that despite his best effort the opposite party has not discharged his duty regarding construction of the aforesaid apartment.
The complainant has also stated that as the opposite party has not discharged his duty as per agreement containing in annexure – 2 thereafter he requested to refund his amount which he had paid vide annexure – 1.
From record it appears that when the opposite party did not appeared despite publication of the notice in news paper then this case was heard ex – parte.
Heard the learned counsel for the complainant and perused the record.
The main grievance of the complainant is that despite taking advance of Rs. 1,00,000/- vide annexure – 1 the opposite party has not constructed the apartment in which a flat was booked by the complainant.
It is further asserted that neither opposite party has discharged his duty containing in annexure – 2 nor he has returned the advance money.
As the aforesaid facts has been asserted by the complainant on oath and there is no counter version of opposite party, hence we have no option but to accept the fact asserted by the complainant in his complaint petition which disclose serious deficiency on the part of opposite party.
Hence we direct the opposite party to return the amount of Rs. 1,00,000/- ( Rs. One Lack only ) paid by the complainant vide annexure – 1 within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite party will have to pay an interest @ 12% on aforesaid amount of Rs. 1,00,000/- ( Rs. One Lack only ) till its final payment is made.
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 months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
