1. The complainant has filed this complaint under Section 12 of the CP Act against the Op (developer) seeking refund of the amount advanced by him for purchasing a flat from the developers.

2. The case of the complainant as unfolded in the complaint is that the developers published an advertisement in Ananda Bazar Patrika on 21.01.2017 for selling flat in the proposed housing complex named as 'DIMITRA REALTORS' near Haldiram. On being attracted by such advertisement the complainant wanted to purchase a 2BHK flat of 653 Sqft. in the third floor, Block B in DIMITRA REALTORS and advanced a sum of Rs. 3,00,000/- in cash on 06.02.2017. Thereafter, he also made further payment of 262500/ to push it to 5,62,500/- from Rs. 3,00,000/-. But the project did not see the light of the day for which the complainant has filed this case seeking refund and other reliefs for refund of the amount advanced.

3. In response to the request of the complainant for refund,  the Ops issued three cheques - (I) being number 163158 dated 08.08.2018 for Rs. 1,50,000/-. (ii) Cheque number 163156 dated 24.08.2018 for Rs. 2,00,000/- and (iii) cheque number 163157 dated 25.07.2011 for Rs. 1,50,000/-.

4. But some of the cheques were dishonored and additional sum of Rs. 50,000/- was remitted by the Ops to the complainant’s account. Consequently, the outstanding amount came to Rs. 3,22,500/-. The complainant has sought for refund of the said amount with interest, compensation and cost by filing this case.

5. The case has been contested by the Op by filing WV.

6. In support of his case, the complainant has filed the evidence on affidavit, money receipts, BNA and copies of cheques etc. Those documents appear to be fully consistent with the case of the complainant. It is not denied by the Ld. Advocate of the Ops while advancing argument at appropriate stage that a sum of Rs. 3,22,000/- still remains unpaid. In other words it is more or less an admitted fact that the complainants who advanced money for purchasing the flat does have a balance of Rs. 3,22,500/- at the credit. It is also an admitted fact that the “DIMITRA REALTORS housing project' did not see the light of the day, for which the complainant had to receive a serious jolt and had also suffer loss and agony.  The entitlement of the complainants to Rs. 3,22,500/-, as such,  cannot be ruled out on any ground what so ever.

7. The payment of Rs. 5,22,500/- were made by the complainant during the period from 06.02.2017 to 15.07.2017. The complainant has started to put up with mental agony immediately after 15.07.2017. For nearly four years he had to bear loss of interest on Rs. 5,22,500/-. Such being the position, the volume of compensation to which the complainant may be entitled can be worked out at Rs. 75,000/-. He will also get Rs. 50,000/- on account of litigation cost.

8. The Ops cannot shark off the responsibility for making payment of Rs. 3,22,500/- plus 75,000/- plus 50,000/-.

9. Hence it is ordered :-

that the case be and the same is allowed with cost of Rs. 50,000/-. The Ops will pay Rs. 3,22,500/- with interest @ 10% pa from 15.07.2017 within a period of 3 months hence, failing which the amount will accrue interest @ 12% pa. Ops will also pay Rs. 75,000/- plus 50,000/- totaling Rs. 1,25,000/- within a period of 3 months, failing which amount will accrue interest @ 12% pa.

Let plain copy be given to the parties free of cost, as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT