This is a complaint made by Sri Chiranjit Majillya son of Sri Tapas Kumar Majillya permanent resident of village Kurmun, P.S. Burdwan, Pin-713102 against Sri Asit Pramanick and Smt. Dipali Pramanick both are Director of D. K. Land Development and Construction Pvt. Ltd., 423D, Motilal Gupta Road, P.S. Haridevpur praying for refund of Rs.1,50,000/- paid by them as booking money for purchasing the flat and also an order directing upon the OP for Compensation of Rs.50,000/- and litigation cost of Rs.20,000/-.
Facts, in brief, are that Complainant entered into an agreement for sale on 28/1/2014 for purchasing one flat in project Crown Villa, 3rd Floor and also other flat in project Crown Vista and paid a sum of Rs.1,00,000/- as booking money for flat at Crown Villa and Rs.50,000/- for flat at Crown Vista by two separate cheques. In terms of the agreement OP had agreed to deliver the flat within December, 2014. OP failed and neglect to deliver the flat in favour of Complainant in terms of the agreement and hence Complainant is no more interested to purchase the flats and wants the money return back. Complainant more than one occasion asked OP to return the money but of no use. OP gave false assurance that money would be returned. But Complainant did not receive the money. So Complainant filed this case.
OP filed written version on 28/7/2016 and denied all the allegations made by the Complainant. Further OP has stated that there was no deficiency on their part. OP has also alleged that Complainant with some antisocial elements threatened the Lady Director. So OPs have prayed for dismissal of the case.
Decision with reasons
Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint petition. Thereafter OP did not file questionnaire against the evidence of Complainant. OP has also did not filed any evidence. They filed written argument.
Main point for determination is whether Complainant is entitled to the reliefs as prayed by him.
On perusal of Xerox copy of the document filed, it appears that Complainant paid Rs.1,50,000/-. So Complainant is entitled to get back his money if not the flats for booking of which he get money. The grounds taken by OPs in written argument do not appear to be material for denying the claim of the Complainant.
In the aforesaid facts & circumstances Complainant is entitled to get refund of Rs.1,50,000/- with compensation of Rs.5,000/- and litigation cost of Rs.2,000/-.
Hence,
O R D E R E D
CC/220/2016 and the same is allowed in part on contest.
OP is directed to refund Rs.1,50,000/- to the Complainant within two months of this order. They are also directed to pay Rs.7,000/- as compensation and litigation cost in total within this period, in default, the awarded money shall carry interest @ 10% p.a. after lapse of two months. The liability of OPs are joint and several.
