Order No. 10 dt. 08/11/2017
The case of the complainant in brief is that the complainant made an application vide no. 07C10968253 on 19/08/2010 by paying Rs. 250/- as earnest money for provisional allotment of land for residential unit to M/s. Rose Valley Real Estate and Construction Ltd., RGM – 25/3010, Raghunathpur, VIP Road, Kolkata – 700059, o.p. 2. O.p. 2 issued provisional allotment certificate vide no. M0545417776 dt. 01/10/2010. Complainant was to pay Rs. 15,000/- by 60 EMIs @Rs. 250/- and the amount payable to the complainant by the o.p. was Rs. 26,436/- after 19/08/2015. Complainant claimed that he had deposited a total sum of Rs. 15,000/- only but o.p. 2 refused to accept the original certificate after 19/08/2015 while o.p. had been approached for deposit of certificate. Thereafter the complainant issued a letter to the o.p. requesting to pay Rs. 26,436/-. But all her attempts were failed to generate any result and the complainant lodged this complaint praying direction upon the o.p. to pay Rs. 26,436/- with interest and compensation of Rs. 25,000/- for harassment and metal agony and Rs. 15,000/- as litigation cost.
PR and TR shows that notice upon the o.p.s were not served and therefore complainant issued the notice in the newspaper. In spite of such attempt o.p.s were absent. Hence the case has been fixed ex-parte against the o.p.s.
On the basis of the pleadings of the respective parties following points are to be decided :-
- Whether there was any deficiency in service on the part of the o.p.s ?
- Whether the complainant will be entitled to get the relief as prayed for ?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of fact
Considering the submissions of the complainant and document on record it is an admitted fact that complainant paid Rs. 15,000/-.
In order to prove the case the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of his claim including the photocopy of the certificate. According to the certificate issued by the op vide certificate vide no. M0545417776 dt. 01/10/2010. complainant is entitled to get Rs. 26,436/-on maturity but o.p.1& 2 refused to accept the original certificate when approached by the complainant. After of expiry of the said time period the assured amount had not been paid by the o.p.s in spite of repeated request by the complainant. On the basis of the said evidences on record and since no challenge has been made by o.p. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant. OPs have ignored their commitment in paying the amount which leads to deficiency in service on the part of the ops. Therefore, complainant is entitled to get relief. Thus all the points are disposed of accordingly.
Hence, it is ordered,
that the case no. 421 of 2016 is allowed ex-parte with cost against the o.p.s. The o.p.s are jointly and/or severally directed to pay Rs. 15,000/-(Rupees Fifteen thousands ) only with compensation of Rs. 5,000/-( Rupees Five thousand) only for harassment and metal agony and litigation cost of Rs. 5,000/-( Rupees Five thousand) only to the complainant within 30 days from the date of communication of this order, i.d. an interest @10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
