FACTS IN BRIEF The complainants being allured by the colourful story and assurance and presentation of the OPs, booked a self-contained flat in Arundhuti – 1, on 3rd floor, SE facing, being No. – A, super built up area of 1019 sq. ft. at their “ROYAL ENCLAVE” Project and paid Rs.5,38,740/- out of total consideration of Rs.29,43,700/- to which OP No.1 issued the money receipt to the complainant. The agreement for sale was made on 19.08.2016 but that agreement was revoked and another offer for a flat being No. A Tower – 3, admeasuring 1019 sq. ft. at 3rd floor – Block – 1 at their new project new site Royal Enclave was made to the complainants by the OPs for Rs.25,93,700/- and accordingly a new agreement for sale was made on 05.05.2018. The said flat was to be handed over within December, 2018 from the date of execution of the said memorandum of understanding and the complainants paid Rs.10,50,440/- and OP No.1 issued money receipt to that effect. It is alleged that the balance amount of consideration would be paid before the flat is handed over to the complainants within the stipulated period. But on 02.11.2019, OP No.1 sent an e-mail to request the complainants to choose/reselect from the options provided by the Opposite Parties, but complainants refused to reselect from such options. The complainants issued legal notice on 17.01.2022 to demand the possession of the said flat, which they have booked by them, but they did not do so. Finding no other alternatives, complainants filed this case. Notices were served upon the OPs, but they did not contest this case by filing written version, and so the matter was heard ex parte against them. During hearing, complainants filed evidence on affidavit and also the relevant documents, namely, Allotment Letter (for New Sight Royal Enclave Phase II) two agreements for sale, cheques showing payment made to the OPs and receipts issued by the OPs on several dates. POINTS FOR CONSIDERATION - Whether the complainant is a ‘Consumer’ as per CP Act, 2019?
- Whether there was any unfair Trade Practice & Deficiency of service on the part of the OPs as alleged?
- Whether the complainants are entitled to relief (s) as prayed for.
DECISION WITH REASONS We have gone through the materials on record, including the evidence on affidavit and these two agreements for sale filed by the complainants. From the documents filed on behalf of the complainants, we find memo of consideration dated 19.08.2016 and 05.05.2018, showing payment of Rs.10,50,440/- in total to the OPs. Following the definition of the term “Consumer” as per Section 2 (7) of the C.P. Act, 2019 and the nature of the instant case, the complainants are found to be consumers. From the documents, it is found the complainants paid the consideration of the scheduled flat but the possession thereof has not been delivered to them by the OPs. Nor any deed of conveyance has been made in their favour. Complainants are found to have prayed for a direction for delivery of possession of the flat, in schedule as mentioned in their agreement for sale, or alternatively prayed for refund of the amount paid for booking of the said flat. Complainants have also prayed for compensation of Rs.10,00,000/- and litigation cost of Rs.2,00,000/-. So, in our view, it would be just and appropriate, if a direction be given upon the OPs to refund the amount along with 10% interest and litigation cost of Rs.5,000/- in favour of the complainants. Since the compensation in the form of interest has been awarded on the amount of refund, no amount of compensation is allowed separately. In the end, the complainants have succeeded in proving their case. Accordingly it is, ORDERED That the instant case be and the same is allowed ex parte against the OPs. OPs are directed to refund Rs.10,50,440/- (Rupees Ten Lakh Fifty Thousand Four Hundred Forty Only) along with 10% interest p.a. to the complainants, until realization in full from the date of last payment i.e. 28.04.2018. OPs are also directed to pay Rs.5,000/- (Rupees Three Thousand Only) towards cost of litigation. The liabilities of OPs are jointly and severally. OPs are to make the aforesaid payment within 60 days from the date of this order, failing which the complainants shall be at liberty to proceed in accordance with law. Dictated and corrected by me. | 
