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 including his wife submitted an application to the OP-1 to purchase one residential plot being No.109 measuring an area of 1200 sq. ft. at Veer Awas, Kolkata at General Area, Vill – Taldaharia, P.P.- Kora Chandigarh under P.S. Barasat within the district of North 24 Pgs against allocation letter dated 15.04.2013 (Registration No. CB/Kolkata/028/109). Total consideration amount of the plot is Rs.7,11,272-42. Complainant and his wife paid the entire consideration amount to the OP-1 on various dates against money receipts. Neither the OP-1 delivered possession of the subject plot nor executed and registered any Deed of Conveyance in their favour. The OP-1 company escaped their liabilities by practicing fraud. The OP-1 adopted unfair trade practice allured the Complainant including his wife. 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 dated 15.04.2013 and money receipts against Registration No. CB/Kolkata/028/109. On perusal of those documents, we find that the Complainant and his wife booked one residential plot being No.109 at Veer Awas, Kolkata at General Area, Vill – Taldaharia, P.P.- Kora Chandigarh under P.S. Barasat within the district of North 24 Pgs and the OP-1 issued an allocation letter dated 15.04.2013 against payment of Rs.1,11,000/- vide D.D. No.160211 drawn on SBI as 1^st installment and subsequently they paid the entire consideration amount on various dates in respect of the subject plot.  It appears to us 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. 7,11,272-42 from the Complainant  and his wife and  utilized the money for its own gain without starting any development work at the proposed 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. Rs. 7,11,272-42 (Rupees Seven lacs eleven thousand two hundred seventy two and forty two paise) 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 the date of payment 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.