DATE OF FILING                    :     10-05-2012.

DATE OF S/R                            :      15-06-2012.

DATE OF FINAL ORDER      :      03-09-2012.

Smt. Nilima Jana,

d/o. lt. Krishna  Ch. Jana,

residing at 5, C.S. Mukherjee Street,

P.O. Konnagar, District –Hooghly,

PIN – 700 037.-------------------------------------------------------------------COMPLAINANT.

-          Versus   -

Sri Shyamapada Sarkar,

s/o. late Pulin Behari Sarkar,

proprietor of M/S. MAA SARADA CONSTRUCTION,

residing at 10, MAA SARADAPALLY, KUMILLYAPARA,

P.S. Bally, District – Howrah.--------------------------------------------OPPOSITE PARTY.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya,   M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  The instant case was filed by complainants   U/S 12 of the  C.P.  Act, 1986,

as amended against the O.Ps.  alleging deficiency in service U/S 2( 1 )( g ),  2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant, Nilima Jana has prayed for direction upon the O.P. to refund the advance money of Rs. 60,000/- together with interest and litigation costs as the o.p. did not make over the original deed to enable the complainant to take loan from the bank for purchase of the proposed flat.

2.         Notice was served upon the o.p., Shyamapada Sarkar. The postal endorsement reflects that it was not claimed by the o.p. This being a good service the case was heard ex parte. 

3.         Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.         Both the points are  taken up together for consideration. The photo copy of the agreement between the parties date 18-01-2011 for purchase of the flat no. AA3 at 15/1, P.K. Ganguly Road, P.S. Bally, Howrah, at a consideration of Rs. 2,56,000/- shows that an advance of Rs. 60,000/- was paid to the o.p. The money receipt issued by o.p. unerringly indicate that the o.p. received Rs. 60,000/- in three installments towards sale of a single room flat at the stated address as above. The Complainant being a government servant intended to purchase the flat by obtaining bank loan. To obtain such loan original deed requires to be kept in mortgage before the bank. Inasmuch as the o.p. did not extend his helping hand to the complainant, she is not in a position to purchase the same. As the o.p. did not refund the money advanced to him on repeated requests, we are of the view that this is a fit case for granting relief to the complainant.  

      Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 42 of 2012 ( HDF 42 of 2012 )  be and the same is  allowed ex parte with costs against the o.p.

      The O.P., Shyamapad Sarkar be directed to refund the money to the tune of Rs. 60,000/- together with interest @ Rs. 12% per annum since 25-10-2010 received as advance money by him within 30 days from the date of this order.

      The complainant is entitled to a compensation of Rs. 20,000/- from the o.p. for mental pain and prolonged harassment. She is further entitled to litigation cost of Rs. 5,000/-.

      The o.p. be directed to pay the total amount aggregating Rs. 25,000/- within one month from the date of this order failing the amount shall carry interest @ 12% per annum.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.