1. The complainants has filed this complaint under Section 35 of the CP Act against the Op (developer) seeking refund of the amount advanced by them under an agreement for purchasing a flat together with compensation of Rs. 10 lakh and cost of Rs. 1.3 lakh .

2. The case of the complainants as unfolded in the complaint is that he entered into an agreement with the developers on 07.08.2017 for purchasing a flat of 900 sqft together with a car parking space at Rs. 24.7 lac in 'DIMITRA UNVERSIA' in Bhaganbanpur area in the District of 24 PGS (South). For that end he advanced Rs. 4,84,000/- in between March 17 and June 2017 in six instalments and as per the terms of the said agreement he had to pay the balance amount in instalments within a period of 48 months commencing from on 07.08.2017. It was agreed by and between them that the flat would be delivered after gap of 48 months from the date of agreement. But the OP intimated to the complainants under a letter dated 23.12.2017 that the construction work would begin in January 2018 and thereafter in December 2018 it was intimated that due to power grid issue and other land related issues they would not be able to complete the project. They also advised them to submit the application for refund of money following which a letter was issued by the complainant on 13.12.2018 for refund. The OP promised to give back the money; but they did not keep the promise. This is why they have filed this case on 14.08.2020 for the reliefs stated above. 

3. The opposite parties filed written version and questionnaire with a view to contest the case; but skipped the subsequent stages of the proceedings for reasons best known to them. Again, the Opposite parties have not denied the complainants claim by filing the written version.

4. In support of his case, the complainants has filed the evidence on affidavit, copy of agreement, money receipts, copy of letters dated 23.12.17 & 13.12.2018, email dated 16.07.2019 and also copy of letter dated  12.03.2020 and also the  BNA.  Those documents appear to be fully consistent with the case of the complainants. Those documents are sufficient to substantiate the case of the complainant as to their entitlement to refund of Rs. 4,84,880/-. It is also more or less an admitted fact that the complainants who advanced money for purchasing the flat do have a balance of Rs. 4,84,880/- at their credit. It is also an admitted fact that the “DIMITRA UNIVERSIA  housing project' did not see the light of the day, for which the complainants had to receive a serious jolt and had also suffer loss and agony.  The entitlement of the complainants to Rs. 4,84,880/-, as such, cannot be ruled out on any ground what so ever.

5. The payment of Rs. 4,84,880/- were made by the complainants during the period from March 2017 and June 2017. The complainants started to put up with mental agony since after December 2017. For nearly four years they had to bear loss of interest on Rs. 484880/-. Such being the position, the amount of compensation to which the complainants may be entitled can be worked out at Rs. 75,000/-. He will also get Rs. 25,000/- on account of litigation cost.

6. The Ops cannot shark off the responsibility for making payment of Rs. 4,84,880/- plus 75,000/- plus 25,000/-.

7. Hence the case is disposed of with the following directions:-

8. (a) The Ops will pay Rs. 4,84,880/- with interest @ 10% pa from 07.08.2017 (i.e. from the date of agreement) till realization within a period of 45 days hence, failing which the amount will accrue interest @ 12% pa.

(b) Ops will also pay Rs. 75,000/- as compensation plus 25,000/- as litigation coststotaling Rs. 1,00,000/- within a period of 45 days hence failing which amount will accrue interest @ 12% pa.

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