CC/332/2021 - 23.02.2022

ORDER PRONOUNCED

           Complainant filed the complaint u/s 35 of the C.P. Act seeking refund of Rs.5,40,000/- along with interest at 18% p.a., and also compensation of Rs.5,00,000/- for causing mental agony and trauma due to the willful negligence and deficiency of service on the part of OP along with cost and other reliefs as the Commission deems fit.

            Notice was issued through the OP.  Inspite of appearing through advocate on behalf of OP2 who also represents OP1 no version was filed, within the stipulated time of 45 days. Hence right to file the version was forfeited.  On 20.09.2021 OP issued three cheques for Rs.1,80,000/- each, dated 12.12.2021, 19.12.2021, 26.12.2021 towards the payment of the principal amount of Rs.5,40,000/-.  Complainant also submits that all the three cheques have been encashed, whereas, he insisted for compensation by way of interest and damages.

          In view of the OP paying Rs.5,40,000/- by way of cheque it is to be held that it has admitted the allegations made in the complaint.  The agreement to sell has come into existence on 26.03.2012, wherein the total consideration for selling a site was Rs.5,40,000/-.  A sum of Rs.99,000/- was paid on 17.05.2012, and the balance of Rs.4,40,000/- to be paid in 35 monthly installments.  Complainant has also produced the details of the payments in monthly installments. Wherein it has acknowledged that a sum of Rs.5,40,000/- has been received on different dates.  Hence it is the bounden duty of the OP having received the full sale consideration to refund the same along with interest at 12% p.a., since the entire principal amount has been paid we direct OP to pay interest at 12% p.a., from the dates on which OP received the installments along with damages of Rs.25,000/- and Rs.10,000/- towards cost of litigation to the complainant.

MEMBER                    PRESIDENT