This case arises out of a complaint u/s 35 read with Section 38 of the Consumer Protection Act, 2019. The fact of the case, in short, is that the complainants had booked one two storied bungalow of 1344 sq. ft named “Dopati” (G+1) Unit No. 143 of area measuring about 1344 sq. ft. more or less having with structure area ad measuring about 907 sq. ft. , L.R Khatian No. 553, 554 Bidhyadharpur Road, J. L. No. 35 within P.S- Panrui, Distrcit- Birbhum, launched by the Opposite Parties for a consideration of Rs.21,00,000/-. The agreement for sale was executed between the parties on 15/02/2014 and complainants paid Rs.8,20,000/- in total by making payment from time to time. Complainants visited the site to see the progress but she realized that the Opposite Parties are not in a position to complete the project and hand over the same within 24 months from the date of the agreement for sale, as per terms and conditions of the agreement. So, complainants issued legal notice on 04/03/2022 for delivery of possession of the said bungalow and execution of the deed of conveyance or alternatively refund of the amount, which was paid for the said flat along with interest @ 18 % p.a. The complainants alleged in their petition that the Opposite Parties have deliberately/ dishonestly committed the beach of agreement by not delivering the possession of bungalow and thus, being fed up with such conduct of the Opposite Parties, the complainants filed this case. Notices were served upon both the Opposite Parties, but they did not contest this case by filing written version and so, the matter was heard ex parte against them. We have gone through the petition of complaint which was also treated as evidence on the prayer of the complainants. Thereafter, the matter was fixed for final hearing and Brief Notes on Argument was also filed along with certain original documents by the complainants in support of their contentions. DECISION WITH REASONS From the case of the complainants, it is found that they are ‘Consumers’ as per Section 2 (7) (11) of the Consumer Protection Act, 2019. On perusal of the money receipts produced by the complainants, it is found that they had paid- Dt. 21/03/2013 – Rs.1,00,000/- Dt. 13/04/2013 – Rs.2,15,000/- Dt. 15/02/2014 – Rs. 1,05,000/- Dt. 29/06/2015 – Rs.4,00,000/- In total Rs.8,20,000/- . The said money receipts (4 in numbers) were issued by the Opposite Parties. We have carefully considered the evidence, documents filed in support of their case and also considered the arguments made on behalf of the complainants. The allegations of the complainants remained unchallenged and unrebutted. We find the complainants made alternative prayer in their petition of complaint in the form of execution and registration of a deed of conveyance or refund of the money advanced by them. However, having heard the submissions made on behalf of the complainants we find it to be appropriate to pass an order of refund. Therefore, we hold that the complainants are entitled to refund of the amount of Rs.8,20,000/- which was paid by them to the Opposite Parties. Considering the prayer of the complainants for compensation and cost of litigation, in our view, payment of interest @ 10 % on the said amount i.e. Rs.8,20,000/- along with litigation cost of Rs.5,000/- it would be just and appropriate. Since interest is allowed on the said amount of Rs.8,20,000/-, we are not inclined to pass any order of compensation separately. Hence, it is ORDERED That the instant complaint be and the same is being allowed ex parte against the OPs. OPs are directed to pay Rs.8,20,000/- (Rupees Eight Lakhs Twenty Thousand Only) along with interest @ 10 % to the complainants from the date of last money receipt issued by the Opposite Parties i.e. 29/06/2015, until realization in full. Opposite Parties are further directed to pay Rs.5,000/- (Rupees Five Thousand Only) as litigation cost of the complainants. Both the Opposite Parties are to pay the aforesaid awarded amount to the complainants within 45 days from the date of this order. Both the Opposite Parties are jointly and severally liable to pay the said amount to the complainants. If the aforesaid order is not complied by the Opposite Parties within the above said period of time, the complainants shall be at liberty to proceed in accordance with law. Dictated and corrected by me | 
