1. Bone of contention between the parties relate to a flat measuring about 1019 Sq.ft. on 3^rd floor in Block – 1, Tower – 4 in “Royal Enclave” located within the jurisdiction of this Commission which was priced at Rs. 29,50,000/- (Rupees twenty nine lakh fifty thousand) which will be called hereinafter as “suit property”.

2. The Ops being realtors floated a housing project named as “Royal Enclave” in 2017 and the complainant being in need of dwelling unit selected flat measuring about 1019 Sq.ft. (i.e. suit property) and agreed to purchase the same under an agreement dated 18.07.2018 after making payment of Rs. 6,15,000/- on 15.07.2018. Subsequently a specific agreement was entered into by both the parties to this case on 01.10.2019. But the developers neglected to carry out construction the aforesaid housing project for which the complainant applied to them on 01.08.2021 for returning the paid amount to him. Since the refund was not made by the Ops the complainant had to file this case on 12.07.2022 seeking refund of the paid amount together with litigation cost and compensation.

3. The Ops abstained from filing any written version to contest the case for which the case was heard ex-parte.

4. In support of his case, the complainant has filed (a) evidence on affidavit, (b) copy of agreement, (c) money receipt in relation to Rs. 6,15,000/-, (d) BNA and copy of letter seeking refund etc.. The documents filed by the complainant have gone unchallenged for which they may be supposed to carry unfettered evidentiary value. It is evident from those documents that payment of Rs. 6,15,000/- was made by the complainant in favour of the OPs by 15.07.2018 under an agreement for purchasing a flat from the Ops. It is also evident from those documents that neither the flat covered by the agreement has so far been handed over nor the paid amount has been refunded. Obviously, the complainant had to run from pillar to post with claim for getting the refund amount and on the other hand the Ops have since 15.07.2018 been utilizing the complainant’s money for their own benefit. Therefore, there should be an order directing the Ops to return the paid amount of Rs. 6,15,000/- with interest @10% per annum with effect from 15.07.2018. The complainant who has undergone harassment and agony due to unlawful trade practice on the part of the Ops will get compensation. Regard being had to the volume of his harassment and agony the compensation amount may be fixed at Rs. 75,000/-. The complainant would also get litigation cost of Rs. 25,000/-.

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

1. The Ops will return Rs. 6,15,000/- (Rupees six lakh fifteen thousand) to the complainant with interest @10% per annum with effect from 15.07.2018 till realization within a period of 45 days hence, failing which the amount will accrue interest @ 12% per annum.

2. The Ops will also pay Rs. 70,000/- as compensation and Rs. 30,000/- as litigation cost totalling Rs. 1,00,000/- within a period of 45 days hence, failing which the amount will accrue interest @ 12% per annum.

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