Hon’ble Mr. Ajeya Matilal, Presiding Member

Both sides are present through their respective Ld. Counsels.

Today is fixed for exchanging of BNA by the Opposite Parties followed by final hearing.

Opposite Parties file BNA after serving copy of the same.

Let it be kept with the record.

The complaint case is taken up for hearing.

Heard both sides at length and in full

Considered.

Our attention was drawn to letter dated 25.01.2017 issued by the Opposite Parties to the Complainant.  It is admitted in the instant letter that they could not pay the amount and also could not make any construction.  

Ld. Counsel for the Opposite Parties submitted that due to financial stringencies they could not take any appropriate step.

Our attention was drawn to Page No.26 of the complaint wherefrom it appears that the cost of Rs.10,71,332/- (Rupees Ten Lakh seventy one thousand three hundred thirty two only) was paid by the Complainant as per schedule.

Under the circumstances, the Opposite Parties are directed to refund the deposited anount of Rs.10,00,000/- (Rupees Ten Lakh) within 06.11.2024 along with interest @ 7% from the respective date of payment.

In view of such observation we are of the view that the complaint case should be disposed of on contest.

Hence,

O R D E R E D

That the complaint case being No.498/2019 be and the same is allowed on contest against Opposite Parties with above direction but considering the circumstances there shall be no order as to costs.

Let free copy of this Judgment and Order be handed over to the contesting parties forthwith.

Thus, the complaint case stands disposed of.

Interim order, if there is any, stands vacated at once.

Note accordingly.