This is a complaint filed by one Sri Ratan Mondal and Sri Uma Sankar Mondal against Walden Estates Ltd. and its Director, Sri Dipankar Naskar, praying for a direction upon the OPs to return earnest money amounting to Rs. 7,11,000/- or to complete the unfinished and pending development works related to Scheme Plot No. A-14, B-22, B-23, and B-44 of Village City Township, handover possession of the said Scheme Plot Nos., deliver all the relevant Title Deeds, Compensation for a sum of Rs. 2,00,000/- and litigation cost for a sum of Rs. 50,000/-. 

Briefly stated, case of the Complainants, is that, they entered into four different Agreements for Sale with the OPs, for the purpose of purchasing Scheme Plot Nos. A-14, B-22, B-23 and B-44 of Village City Township at a total consideration of Rs. 11,37,500/-.  It is claimed that the Complainants have paid altogether a sum of Rs. 7,11,000/- to the OPs.  At the time of execution of the agreement, the OPs promised to develop the said four plots and also assured to handover all the relevant papers to the Complainants, but till date, OPs have not kept such word.  As vigorous perseverance did not yield any positive result, Complainants, finding no other alternative, served demand notice for return of the said amount along with other relief on 03-02-2016, but in vain.  Hence, this case.

On the basis of aforesaid facts, the complaint case was admitted and notices duly served upon the OPs, but as none of them turned up to contest, the case was heard ex parte.

The moot point for determination is whether the Complainants are entitled to the reliefs or not.

Decision with reason

The primary relief sought for by the Complainants is to get refund of Rs. 7,11,000/- that they allegedly paid to the OPs as advance in respect of four nos. plots.  In support of their claim, Complainants submitted photocopies of some Agreement for Sale and money receipts, wherefrom it appears that out of the total consideration money of Rs. 11,37,500/-, Complainants have paid Rs. 7,11,000/- till date. There being nothing to controvert such claim of the Complainants, we have no qualms holding such claim as bona fide.  Accordingly, we are of view that Complainants are entitled to get refund of the deposited amount.  Insofar as Complainants have admittedly not paid the entire consideration money, there can be no question of according other reliefs in favour of the Complainants as prayed for by them.

Hence,

O R D E R E D

that CC/205/2016 be and the same is allowed in part ex parte against the OPs.  The OPs are directed to return, within two months hence, a sum of Rs. 7,11,000/-  to the Complainants in total according to the amount paid by the respective parties upon presentation of original money receipts, i.d., the amount shall carry interest @ 10% p.a. after two months till full and final payment is made.