1. The OP being developers floated a housing project named as “Exoticaa” at Khalisamari, Baguiati and the complainant aged about 81 years who was in need of a dwelling unit booked a flat ad-measuring 450 Sq.ft. being No. D – 5, 1^st Floor in Block – D in the “Exoticaa Housing Project” on 28.02.2017 by making payment of Rs. 3,00,000/- (Rupees three lakh) in Cheque No. 848048 dated 28.02.2017, drawn on SBI. He was under the impression that he would be able to procure loan required for payment of the entire consideration money (450 X 3,000 = Rs. 13,50,000/-); but his impression proved wrong when he met the bank for procurement of loan. He was made to understand that due to his old age he would not get loan of such a huge amount. Consequently he sent a letter to the OP on 19.09.2018 seeking cancellation of the booking of the flat made on 28.02.2017. On 11.07.2019 he was asked by the Op to get in touch with his representative for getting refund. He met the representative, but his demand or claim was not satisfied for which he sent an Advocate’s letter on 10.02.2020 pressing for refund. On 28.02.2021 the OP informed the complainant by sending a mail that he would have to wait for six to eight months to get back the paid amount. On account of his failure to keep faith upon the words of the OP, the complainant filed this case on 21.04.2021 seeking refund of Rs. 3,00,000/- with interest @ 18% per annum, compensation of Rs. 1,00,000/- and litigation cost of Rs. 50,000/-.

2. With a view to contest the case the OP did not file W/V and under such a situation the case was heard ex-parte.

3. In support of his case, the complainant has filed (a) Copy of Aadhaar Card, (b) copy of booking slip dated 28.02.2017, (c) copy of letter dated 19.09.2018 under which prayer for cancel of the booking was made by the complainant, (d) copy of letter sent by OP in reply to the letter dated 19.09.2018, (e) copy of legal notice which was sent on behalf of complainant, (e) copy of E-mail received from OP on 28.02.2021, (f) evidence in chief and BNA. The documents filed by the complainant have gone unchallenged and for this reason they may be supposed to carry impeccable evidentiary value. After adverting to the contents of those documents we see that Rs. 3,00,000/- was paid to the OP for purchasing a 450 Sq.ft – flat in “Exoticaa” at a price of Rs. (450 X 3,000) = 13,50,000/-. It is also apparent from those documents that due to his failure to procure housing loan the complainant could not proceed further and applied to the OP on 19.09.2018 for returning the paid money. As a matter of fact, he wanted to get the booking cancelled on 19.09.2018. Needless to say that the paid amount was not returned till 20.04.2021 for which he had to file the case on 21.04.2021. From the letters dated 28.02.2021, 11.07.2019 it becomes abundantly clear that the OP did not pick up any excuse or raise any grow to defeat the right of the complainant to reimbursement of Rs. 3,00,000/-. It also becomes clear that the OP went in for procrastination of the process for refund for reasons best known to them. The complainant’s right to get back Rs. 3,00,000/- from the OP thus becomes established.

4. The OP who has since 28.02.2017 been utilizing complainant’s money for its own benefit should, as such, be put under order to return the amount with interest with effect from 28.02.2017. The rate of interest may be fixed at 10% per annum. The complainant who had to put up with anxiety and harassment in the matter of getting back the paid amount since after 28.02.2017 is surely entitled to compensation from the OP and the amount of compensation, in view of the amount of harassment and anxiety, may be worked out at Rs. 50,000/-. He will also get a sum of Rs. 20,000/- on account of litigation cost.

5. The case is thus disposed of with the following direction :-

1. The OP will return Rs. 3,00,000/- with interest @ 10% per annum with effect from 28.02.2017 (i.e. from the date of payment)  till realization within a period of 45 days hence, for which the amount will carry interest @12% per annum.
2. The OP will also pay Rs. 50,000/- as compensation, Rs. 25,000/- as litigation cost totalling Rs. 75,000/- to the complainant within 45 days hence, failing which the amount will accrue interest @12%.

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