1. The complainant booked a flat measuring about 300 sq.ft on the first floor Block-9 in ‘Dharitri Universia’ Project launched by the OPs at Mouza- Bhaghwanpur under P.S.- Kashipur by paying an amount of Rs. 1,50,000/- by cheque being no. 123978. Accordingly the said flat was allotted by the OP to the complainant on 01.06.2017. But the OPs parted with the said housing project for reasons best known to it.
2. The construction of Dhritri Universia housing project was never given a start by the OPs for which the complainant invested money and the developers refunded only Rs.30,000/- on 03.09.2018 by online transfer. The complainant repeatedly visited the office of the OPs seeking refund of the balance amount of Rs. 1, 20,000/-, but in vain. This is why he has filed this case on 25.09.2019 against the OPs seeking mainly refund of the balance amount of Rs. 1, 20,000/-.
3. The OPs entered appearance and filed questionnaire touching upon the evidence adduced by the complainant but the OP neither adduced any evidence nor took part in the argument hearing. Such being the position the case was incidentally heard exparte.
4. In support of his case the complainant has filed evidence on affidavit, reply to the questionnaire, BNA, allotment letter dated 22.06.2017 and money receipt. The OPs have not challenged those documents on any ground whatsoever. It has not been asserted by the OPs that the housing project was ever constructed or that the complainant neglected to perform his part of the agreement. It is our common knowledge that Dharitri Universia housing project never saw the light of the day. The people who invested money in the said housing project are running from pillars to posts for getting back the money. The complainant is one of them. Incidentally he has got refund of Rs. 30,000/- and still a sum of Rs. 1, 20,000/- is lying inliquidated.
5.  Since the housing project was not taken up or completed there  is hardly any scope for issue of direction to the OPs for handing over the booked flat or for execution or registration   of sale deed in respect thereto. But the OPs who shirked off this obligation has to repay the amount taken from the complainant. The complainant thus will get Rs.1, 20,000/- from the OPs with interest, cost and compensation.
6. The amount of compensation may be worked out at Rs.50,000/- and litigation cost at Rs.25,000/-.
7. Hence it is ordered that the case be and the same is allowed exparte: but with cost. The OPs will pay Rs. 1, 20,000/- with interest @12%p.a. from the date of payment (16.05.2017) till realization within a period of 45 days hence failing which the amount will carry interest @14% p.a. The OP will also pay compensation of Rs.50,000/- and litigation cost of Rs.25,000/- totaling to Rs.75,000/- within 45 days hence failing which the amount will 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