Order No. 12  dt. 19/03/2020

        The complainant filed this case against the o.p.  with the allegations that for the purpose of purchasing a flat on the 1^st floor measuring about 300 Sqft  with a consideration price of Rs.7.0 Lakh he entered into an agreement for sale with the o.p. to that effect. The complainant also paid Rs.1.50 Lakh on the date of the said agreement. Subsequently the complainant found that construction was made but no flat was provided to the complainant. The complainant requested to the o.p. for handing over the flat in question after receiving the entire consideration price of the same, but the o.p. did not pay any heed to the complainant for which the complainant filed this case praying for direction upon the o.p. for refund of the amount of Rs.1.50 Lakh along with compensation and litigation costs.

            O.p. contested the case by filing w/v and denied all the material allegations of the complaint and stating inter alia that the dispute between the parties can only be raised before a Civil Court and this Forum has no jurisdiction to entertain this case. Apart from that the o.p. further stated that after payment of the full consideration price the complainant can get the possession of the flat in question.

            From the materials on record it appears that lessee entered into an agreement with the developer for purchasing a flat in question since lessee has no right to enter into any agreement for sale with the developer for construction of the flat in question, thereby the Ld. Lawyer for the complainant emphasized that the o.p. be asked to refund the amount paid by the complainant since the agreement entered into between the parties was not legal. In view of the said fact we hold that the  amount paid by the complainant is to be returned by the o.p. Accordingly, the complainant will be entitled to get the refund of the amount as well as the compensation and litigation cost.

            Hence, it is ordered,

            that the case no.129/2019 allowed on contest with cost against the o.p. The o.p. is directed to refund the total amount of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) to the complainant and to pay compensation of Rs.10,000/- (Rupees Ten Thousand only) for harassment and mental agony and litigation cost of Rs.2,000 (Rupees Two Thousand only) within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.