Receipt of neither property nor assured amount from the OP has aggravated the consumers to lodge this complaint for redressal u/s 12 of the CP Act, 1986.

            Summation of the complaint goes that the complainants had paid Rs.5,00,000/- to OP Nos. 1 & 2 through OP No. 3 by way of cheque bearing No.43607 dt. 18.7.2012 on S.B.I. Balurghat Branch for allotment of a plot in the district of Shibpuri of Madhya Pradesh or refund of money of Rs.10,00,000/-. But, till the date they have neither got the refund of assured amount nor a plot of land as assured in the certificate of property. The complainants have claimed the principal amount of Rs.10,00,000/- and an interest @ 10.2% p.m. till the full realization of amount and the compensation amount of Rs.1,00,000/- along with a litigation cost of Rs.15,000/-.

            The OP Nos. 1 & 2 has not turned up to this Forum against the summons sent to them on 11.5.2018. The OP No. 3 had appeared and told in her written version that she was mere an agent of the OP Nos. 1 & 2 and she has deposited all the amounts to the office of the OPs. The documents furnished by the complainants also proves that she is telling the truth. She told more that she has tried hard to get refund of the amount to the complainants but she has failed.

            Hearing went on declaring the OP Nos. 1 & 2 as ex-parte. The Ld. Counsel for the complainants told what the complainants had told in their complaint and exam-in-chief. The OP No. 3 has filed an order of Securities Appellant Tribunal (SAT) along with prayer for considering his written version as the exam-in-chief and arguments.

DECISION  WITH  REASONS

            The instant case reveals that the complainants have been rather ditched by an NBFC i.e. OP No. 1 and OP No. 2. The OP No. 3 is not actually responsible for not getting the assured value. So, she is acquitted of charges. The OP No. 1 and OP No. 2 are the principal offenders for ditching the responsibility of refund or repayment of the assured value or property.

            Hence, it is

                                                O R D E R E D

            that the OP No. 1 is to pay Rs.10,00,000/- to the complainants within 30 days from the date of this order, failing which interest @ 9% p.a. is to be accrued on the principal amount till the full realization of whole amount. The OP No. 1 & OP No. 2 are further instructed to pay Rs.50,000/- as compensation and Rs.5,000/- as litigation cost within 30 days from the date of this order to the complainants. The case be and same succeeds on contest.

            The Registrar-in-Charge of this Forum is directed to send the copy of this order to the OP No.1 & OP No. 2 by registered post immediately.

            Let a plain copy of this order be furnished to the parties forthwith free of cost.