Order No.9

Dt.20.4.2016

            This is a complaint made by one Dr.Diptanshu Das and his wife Mrs. Anasuya Das against opposite parties Walden Estates Limited and its Managing Director, Mr. Dipankar Naskar, praying for refund of Rs,5,28,000/- with interest of 18% from the date of payment with compensation of Rs.5,00,000/-.

            Facts in brief are that Complainants learnt through internet that developed land is being sold by the opposite party in the name of Village City Project at a cost of Rs.1,10,000/- per katha. A talk took place between them for 12 katha of land at a total cost of Rs.13,20,000/-. Complainant paid Rs.5,28,000/- to the opposite parties on different occasions @ Rs.1,10,000/- per katha and they received certificate of allotment for the plot nos. mentioned therein.

            Afterwards Complainants found that they are not getting possession of the land and they ran from pillar to post for getting possession. On 3-5-2015 they were assured that fresh allotment of plot Nos. D 90, 91 & 92 and E-60, 59 and 58 of Phase –II of Project Village City will be allotted to them. But, this agreement was also not completed and the matter is still pending.

            So, the Complainants filed this complaint for unfair trade practice being adopted by the opposite parties.

            Complaint was admitted and the notices were served. But, opposite parties did not appear. So, the complaint was heard ex-parte. Complainants filed affidavit-in-chief and also the case was heard on behalf of the Complainant by the Ld. Advocate. Certain documents have been filed on behalf of the Complaints.

Decisions with reasons.

            Main points for determination is whether the complainant proved the allegations made in the complaint.

            On perusal of the affidavit-in-chief filed by the Complainant, it appears that the Complainant have reiterated the allegation of the complainant in their affidavit-in-chief.  Further on perusal of the documents filed on behalf of the Complainant it appears that they have filed payment receipt dated 14.9.2014 though Xerox copy showing payment of Rs.5,28,000/-. As such, there is no denial of the fact that the opposite parties did not receive the money as alleged which the Complainants have claimed. Further, it appears that Complainant got harassed due to the conduct of the opposite parties. As such, Complainants are entitled to the reliefs as prayed for but in a modified form.

Hence

O R D E R E D

            CC/7/2016 and the same is allowed ex-parte in part. Opposite parties are directed to refund Rs.5,28,000/- to the Complainants with an interest of 12% from the date of filing of this case till realization within two months of this order. In addition, opposite parties are directed to pay Rs.50,000/- as compensation to the Complainants within the same period. If this amount is not paid within two months also an interest of 12% will have to be paid till realization after the lapse of two months.

            CC/7/2016 stands disposed.