SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application u/s.12 of the C.P. Act, 1986.

            Complainant’s case, in brief, is that upon believing advertisement of OP-1, he submitted two applications to the OP-1 to purchase two residential plot being Nos. 021 and 022 both measuring an area of 900 sq. ft. each at Veer Awas, Kolkata, Keutia (Jagadhatritala Bus Stand) under Jagaddal P.S. within the district of North 24 Pgs against allocation letters both dated 25.04.2014 (Registration Nos. CB/Kolkata/028/021 & CB/Kolkata/028/022). Total consideration amount of each plot is Rs. 5,06,123-64. Complainant paid the entire consideration amount of Rs. 10,12,246/- to the OP-1 on various dates against money receipts. Neither the OP-1 delivered possession of the subject plots nor executed and registered any Deed of Conveyance in his favour. The OP-1 company escaped their liabilities by practicing fraud. The OP-1 adopted unfair trade practice allured the Complainant including others at large. Hence, the Complainant has approached this Forum by way of Consumer Complaint seeking reliefs as prayed for.

            In spite of service of notice the OP-1 did not turn up to contest the case. As such, the case has proceeded ex parte against the OP-1.

            In this context, it is pertinent to mention here that the name of OP-2 has been expunged V.O. dated 24.04.2018 on the prayer of the Complainant and the name of OP-3 is also expunged vide order dated 28.08.2018.

Decision with Reasons

            We have travelled over the documents on record i.e. Photocopies of Allocation Letter both dated 25.04.2014 and money receipts both dated 29.04.2014 against Registration Nos. CB/Kolkata/028/021 and CB/Kolkata/028/022. On perusal of those documents, we find that the Complainant booked two residential plots being Nos. 021 & 022 at Veer Awas, Kolkata, Keutia (Jagadhatritala Bus Stand) under Jagaddal P.S. within the district of North 24 Pgs and the OP-1 issued two allocation letters both dated 25.04.2014 against payment of Rs. 1,11,000/- each vide D.D Nos. 753796 and 753797 as 1^st installment though the Complainant claims that he paid the entire consideration amount of Rs. 5,06,123-64 each in respect of two plots but Complainant fails to produce any scrap of money receipt to establish his claim of payment of entire consideration amount fully mentioned in the Allocation Letters dated 25.04.2014 . It appears that the OP-1 did not start any development work on the proposed project namely Veer Awas, Kolkata. The OP-1 company has received Rs. 2,22,000/- from the Complainant and utilized  the money for its own gain without starting any development work at the site. There is no evidence on the part of the OP-1 to controvert the version of the Complainant. In absence of any contrary and controverting materials coupled with documents on record, Complainant has been able to establish his case against the OP-1. Therefore, the OP-1 has exhibited a gesture of unfair trade practice and deficiency of service. Thus, the Complainant is entitled to get relief as prayed for.

            In the result, the case succeeds in part.

            Hence,

Ordered

That the Complaint case be and the same is allowed ex parte against the OP-1 with litigation cost of Rs.3,000/- (Rupees three thousand) only.

The OP-1 is directed to refund Rs.2,22,000/- (Rupees two lacs twenty two thousand) only as booking money along with interest  at the rate of5 percent p.a. (at the rate of five per cent per annum) with effect from 29.04.2014 till compliance within sixty days from the date of this order with litigation cost.

Liberty be given to the Complainant to put the order in execution, if the OP-1 transgresses to comply the order.

Certified copies of the order be given to the parties as and when applied for.