MRS. MANJUSRI SARKAR CHOWDHURY, MEMBER FACTS The case of the instant complaint is that the complainant had entered into an agreement in the month of October, 2016 with the Opposite Parties for purchasing a 2 BHK flat having an area of 750 sq. ft. more or less North facing (corner flat) and one covered car parking area situated in the building identified as “Royal Enclave”, Priyambada- 6, Phase- 1, at a consideration of Rs.18,00,000/-. Complainant paid total Rs.9,00,000/- by way of three cheques, which was duly acknowledged by the OPs. The complainant had agreed to pay the rest amount of Rs.9,00,000/- at the time of execution and registration of the said deed of sale for the said flat and car parking space. But Opposite Parties did not turn up. Complainant requested the OPs for completion of the sale transaction within the stipulated period. Complainant sent a letter to the Opposite Parties. Thereafter, Opposite Parties returned the amount of Rs.70,000/- out of total money of Rs.9,00,000/-. Thereafter, complainant visited the office of the Opposite Parties and asked for refund of the balance of the price which he had paid. Complainant also sent letters dated 17/10/2019 and 03/09/2020 to the Opposite Parties seeking refund of money but to no effect. So, complainant approached before the Commission praying for relief (s) which have been made in the prayer of the complaint petition. As the OPs did not contest the case, it was heard ex parte against them. Complainant filed evidence-in-chief on affidavit and also the documents including the originals. Now the question is, whether the complainant is entitled to the relief (s) as prayed for? FINDINGS:- We have considered the petition of complaint, evidence and also documents as mentioned aforesaid. The agreement of sale between the parties amply reveals that the complainant agreed to pay for that flat, in question, at a consideration of Rs.18,00,000/-. The money receipts shows that Rs.9,00,000/- paid by the complainant on 20/11/2016 and 27/11/2016 to the OPs but they failed to comply with the terms and conditions of the agreement. However, we find the complainant made a prayer for completion of the construction, handing over the flat, in question to the complainant by execution of a deed of conveyance on receiving the balance amount of consideration price by the OPs. Though complainant did not pray for refund of money instead of the flat being handed over to him during argument, Ld. Advocate appearing for the complainant leaves the matter with the Commission for consideration of the refund of money along with interest. Here, we find complainant produced one photograph of the said housing complex which is being built by the OPs and said photograph reveals constructions is far far away from being completed. In this premises, an order for handing over the flat by execution of the document by the OPs seem to be impractical. Rather, an order for refund of money would be justified. This apart, complainant is also entitled to compensation either in the form of interest or otherwise and also cost of litigation. Hence, it is ORDERED That the instant case be and the same is allowed ex parte against the OPs. Complainant is entitled to get refund of Rs.8,30,000/- (Rupees Eight Lakhs Thirty Thousand Only) with interest @ 10 % from the OPs, from the date of payment until realization. Complainant is also entitled to Rs.5000/- (Rupees Five Thousand Only) towards cost of litigation. OPs are directed to pay the aforesaid amount including cost of litigation to the complainant within 45 days from the date of this order, failing which the complainant shall be at liberty to realize the same in accordance with law. The OPs are jointly and severally liable to make the aforesaid payment. Dictated and corrected by me. | 
