1. The OPs being realtors floated a bungalow project at Hatisala named as “Royal Enclave” in the district of South 24 pgs in 2017 and the complainant being in need of a dwelling unit selected a bungalow bearing no. B11 on 2 kattah-plot and booked the same on 25.03.2017. Payment of Rs. 7, 09,000 + Rs. 18,000/- + Rs. 21,000/- totalling Rs. 7, 48,000/- was made towards the purchase of the said dwelling unit. An agreement was accordingly made on 27.05.2017. As per agreement the construction work for the dwelling unit was required to be completed by December, 2019. But in April, 2018 the OPs informed the complainant about the relocation of the said bungalow project to Mouza-Hudrait, New Town in Action Area-III. The complainant formed his mind to accept the relocated bungalow. But when the draft deed for agreement for sale was supplied to the complainant some discrepancies regarding the area of bungalow caught the complainants attention for the rectification of which request was made by the complainant to the OPs. But it was realised by the complainant in this way or that the OPs did not have any intention to complete the project in the new site even and such being the position the complainant cancelled the agreement by sending a letter dated 19.04.2021. In view of cancellation of agreement for sale the OPs refunded a sum of Rs. 1, 65,000/- in between 5^th January, 2022 to 31^st January, 2022 and kept the balance amount unpaid. This is why the complainant has filed this case seeking refund of Rs. 5,83,000/, for compensation Rs. 5,00,000/- and litigation cost.
2. The OPs did not file the W/V with a view to contest the case for which the case was heard ex parte as against all the OPs.
3. In support of his case the complainant has filed the copy of agreement dated 27.05.2017, money receipts, cancellation letter dated 19.04.2021, evidence on affidavit, BNA and other documents. The documents filed by the complainant have gone unchallenged for which they may be supposed to carry unfettered evidentiary value. From those unchallenged documents it is abundantly clear that the complainant made payment of Rs. 7, 48,000/- towards the purchase of a bungalow from OPs in between 25.03.2017 and 01.07.2017. It is also apparent therefrom that out of the aforesaid amount Rs. 7, 48,000/-, a sum of Rs. 1, 65,000/- was returned by the OPs in January, 2022. Needless to say that due to relocation of the bungalow project the complainant had to back out from the scheme and to submit application for cancellation of his booking.
4. The application for cancellation was obviously accepted by the OPs and a part of the paid amount was also returned to the complainant. But for this or that reasons the Ops has not returned the balance amount of Rs. 5,83,000/-. The complainant is entitled to get back the same from the OPs in addition to some compensation, interest and litigation cost. The rate of interest may be fixed @10%p.a. with effect from 01.07.2017.(date for making last payment) Regard being had to the volume of his sufferance the complainant is entitled to the compensation amounting to Rs. 1,25,000/-. The complainant will also get a sum of Rs. 25,000 on account of litigation cost.

The case is thus disposed of with the following directions:-

1. The OP will return to the complainant a sum of Rs. 5, 83,000/- with interest @12%p.a. with effect from 01.07.2017 till realisation within a period of 45 days hence failing which the amount will carry interest @12%p.a.
2. The Op will also pay Rs. 1,25,000/- as compensation and Rs. 25,000/- as litigation cost totalling Rs. 1,50,000/- within 45 days hence failing which the amount accrue interest @12%p.a.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and Corrected by

HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT