Judgment dated 27-07-2016

            This is a Complaint made by Tanmay Biswas son of Shubhamay Biswas of Nadia, West Bengal against Sri Asit Pramanik OP No.1 and the D. K. Infra Projects (India) Limited OP No.2 praying for a direction upon the OPs to pay a sum of Rs. 4,91,970/- out of which a sum of Rs.2,16,970/- along with statutory interest which was given by the Complainant an earnest money and to pay a sum of Rs.2,75,000/- to the Complainant towards compensation for deficiency in service.

            Facts in brief are that OP NO.1 one of the director of OP No.2. Complainant approached OPs to purchase a flat measuring about 772 Sq. ft. super built area being Flat No.B1 on the first floor of the proposed building along with car parking space. It was agreed between OP and Complainant that the flat would be sold for a consideration of Rs.11,19,400/- with other charges. Complainant paid Rs.1,05,970/- by two different cheques in addition to that also paid sum of Rs.1,11,000/- by cheque. It was agreed that formally agreement for sale would be executed. Complainant made attempt to get the possession of the flat. But failed to get possession as agreement for sale was not executed. So, Complainant filed this case.

            On the basis of above facts complaint was admitted and notices were served but OPs did not appear and so the case was heard ex-parte.

Decision with reasons

            Complainant has filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint. Complainant has also filed a brief notes on argument where he has averred facts mentioned in complaint.

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

            On perusal of prayer portion it appears that Complainant paid a sum of Rs.2,16,970/- . However, from record we do not find any receipt showing that Complainant paid this amount which he has mentioned in the prayer portion. Complaint is annexure with the affidavit. So since the allegation of the Complainant is unrebutted and unchallenged it appears that the Complainant is entitled to refund of Rs.2,16,970/- with interest of 12% p.a. since filing of this case.

            Hence,

            O R D E R E D

            CC/168/2016 and the same is allowed ex-parte in part. OPs are directed to pay Rs.2,16,970/- with interest of 12% p.a. from the date of filing of this case till realization within three months of this order. OPs are also directed to pay Rs.20,000/- as compensation within three months of this order failing  which this amount shall also carry interest of 12% p.a. after expiry of three months.