Prabir Kumar Dey,

son of late Anil Kumar Dey,

residing at 3, Kali Banerjee Lane,

P.O. & P.S. and District –Howrah,

--------------------------------------------------------------  COMPLAINANT.

-          Versus   -

1.         Director,

            M/s. Arghadeep Developers Pvt. Ltd.,

            NU-Mans Park, Pailan,

24, Parganas ( South ),

Kolkata – 700 104.

2.         Debasis Banerjee,

            collector of Arghadeep Developers Pvt. Ltd.,

            38, Mohiary Road, Jagacha,

            near  Electric  Supply Office,

            Howrah 7111102. -----------------------------------------------OPPOSITE PARTIES.

                                                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.               Complainant, Sri Prabir Kumar Dey,  by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to refund Rs. 2,00,000/- being the balance amount of earnest money, so paid to the o.ps., to pay Rs. 50,000/- towards compensation along with litigation costs and  other  orders as the Forum may deem fit and proper. 

2.               Brief facts of the case is that complainant paid a total amount of Rs. 2,50,000/- through cheque no. 111864 dated 25-01-2013 for Rs. 2,00,000/- and cheque no. 111867 dated 27-02-2013 for Rs. 50,000/- to o.ps. towards advance payment  for purchasing a plot of land. And o.ps. issued two money receipts dated 27-01-2013 and 01-03-2013 in favour of the complainant vide Annexures. Subsequently due to serious illness of mother and sisters, the complainant wrote two letters to o.ps. on 22-07-2013 and 04-10-2013 requesting them to cancel his booking for the plot of land being no. E-98. After receiving those two letters, o.ps. returned only  Rs. 50,000/- through an account payee cheque dated 03-09-2013 to the complainant.  And o.ps.   also assured the complainant that the balance amount of Rs. 2,00,000/- shall be returned within 15 days from 03-09-2013. But for a long time they remained silent, no further payment was made by them. Complainant again met the officials of o.ps. and requested for the refund of Rs. 2,00,000/-. Ultimately on 08-11-2013, o.ps. informed the complainant that they would return only 65% i.e., 1,12,500/- after deducting 35% of  Rs.  2,00,000/-. But complainant is not ready and willing to accept this amount of Rs. 1,12,500/- but he wants back the entire amount of Rs. 2,00,000/-.  So, finding no other alternative, alleging deficiency in service, complainant filed this instant petition against o.ps. praying for the aforesaid reliefs.

3.               Notices were served. But none appears and no  written version has been filed by either of the o.ps.  Accordingly, the case  was head ex parte.

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

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

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. We have carefully gone through the petition of complaint and its annexures and noted their contents. People always make an advance payment for a plot of land with this hope that they would have their own house in near future. And we all know that shelter is a basic need of any human being. Here in this case, complainant, after making the advance payment to the o.ps., became compelled to cancel that booking wherefrom it is crystal          clear that he was in great need of money towards the treatment of his mother and sisters. And o.ps. only returned Rs. 50,000/- on 03-09-2013. Thereafter they remained silent upto 08-11-2013 and sent one letter stating that they would pay 65% of the balance amount of Rs. 2,00,000/-. But no reason has been assigned by them for such deduction. Even after receiving the summons , o.ps. did not care to appear before this Forum.   So, the allegations of the complainant remained unchallenged and uncontroverted. O.ps. should have returned the entire amount of Rs. 2,50,000/- at a time or at least as per their verbal assurance i.e., within 15 days from 03-09-2013. But without doing  so, they sent one letter on 08-11-2013 which caused severe mental agony for the complainant.  Accordingly we hold that o.ps. are deficient in providing service to the complainant. Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 415  of 2013 ( HDF 415 of 2013 )  be  allowed ex parte  with  costs  against  the O.Ps. 

      That the  O.Ps. are jointly and severally directed to refund the sum of Rs. 2,00,000/- within 30 days from the date of this order.

      That the o.ps. are further directed to pay an amount of Rs. 10,000/-  as compensation  and Rs.2,000/- as litigation costs to the complainant within one month from the date of this order.

      If the o.ps. fail to comply the above order in toto within the stipulated period, the entire amount of Rs.  2,12,000/- shall carry an interest @ 10% p.a. till full realization.  

      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.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.