Judgment : Dt.18.1.2018

Shri S. K. Verma, President

            This is a complaint made by (1) Sri Arka Ghosh, son of Sri Partha Sarathi Ghosh, reiding at 13/2, Nayan Chand Dutta Street,Kolkata-700006, (2) Smt. Kajori Ghosh, wife of Sri Arka Ghosh, residing at 13/2, Nayan Chand Dutta Street, Kolkata-700 006 against The Managing Director, D. K. Infra Projects (India) Ltd., having its registered office at 617A, Diamond Harbour Road, Kadamtala Bazar, PS-Thakurpukur, Kolkata-700 063 and corporate office at 423D, 3^rd floor, Motilal Gupta Road, P.S.-Haridevpur, Kolkata-700 082 praying for refund of Rs.1,75,000/- in respect of cancellation of booking of flats at Block 2, 2^nd floor, Flat No.D, Type 2 BHK at the residential project namely D.K.Orchid at Amgachia, P.O.-Amgachia, P.S.-Bishnupur, Dist.-South 24-Parganas, to pay compensation of Rs.40,000/- and litigation cost of Rs.5,000/-.

            Facts in brief are that being influenced by the advertisement of the OP in respect of a residential project namely D.K.Orchid t Amgachia, P.O.-Amgachia, P.S.-Bishnupur, Dist.-South 24-Parganas, booked one flat at Block 2, 2^nd floor, Flt No.3, Type 2 BHK measuring 617 sq.ft. at a total consideration of Rs.14,87,500/- @ Rs.1,700/- per sq.ft. Complainant paid Rs.1,70,000/- as booking money by an A/C payee cheque being No.003968 dt.8.7.2014 drawn on ICICI Bank and OP issued a payment receipt dt.8.7.2014.

            Complainant remained very willing to purchase the said flat at the said project. But OP did not start the construction after passing of more than 1 ½  year. The Complainants cancelled the said booking of the 2 BHK flat and along with the requisite filled up form for cancellation/ refund of booked flat dt.17.2.2016. OP had nothing towards payment  of the amount of Rs.1,75,000/-. As OP failed to refund the amount after a regular persuasion Complainant filed this case.

            OPs did not contest the case by filing written version and so the case is heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief wherein Complainant has reiterated the facts mentioned in the complaint petition.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the documents filed by the complainant, it appears that the Complainant had paid Rs.1,75,000/- through cheque of which receipt has been filed. Since the allegation of complaint remained unrebutted and unchallenged, Complainant is entitled to the relief of refund of Rs.1,75,000/-. Complainant has also prayed for compensation of Rs.40,000/- and litigation cost of Rs.5,000/-.

            Considering the facts and circumstances, we are of the view that if compensation of Rs.10,000/- and litigation cost of Rs.5,000/- are awarded object of the justice would be served.

Hence,

ordered

             CC/286/2017 and the same is allowed ex-parte. OPs are directed to pay Rs.1,75,000/- compensation of Rs.10,000/- and litigation cost of Rs.5,000/- within two months of this order, in default the total amount shall carry interest @ 10% p.a. from the date of this order till realization.