1. The complainants have filed this case against the opposite party on 14.08.2019 seeking direction to the opposite party for refund of the balance amount of Rs. 1,82,746/- with interest and compensation  with the following averments:-

The opposite party launched a housing project named as ‘Royal Enclave’ at Mouza- Hatisala Beonta-II Gram Panchayat and the complainant being in need of residential accommodation visited the site and selected a flat 2BHK flat of 600 sq. ft. priced at Rs. 14,40,000/- in the said housing project. Accordingly he entered into an agreement with the opposite party on 24.08.2016 and made payment of Rs. 3, 38,746/- in 6 instalments in between 05.08.2015 and 26.04.2016. The said housing project did not see the light of the day for which he applied on 03.11.2017 for refund of Rs. 3,38,746/-. But only Rs. 1, 56,000/- was refunded and the balance amount remained unpaid.

2. The opposite party – have not contested the case by filing Written Version, evidence on affidavit or questionnaire for which the case has been heard ex parte.
3. In support of his case the complainant has filed the receipts showing payment of Rs. 3, 38,746/- in favour of the opposite party, evidence-in-chief, brief – notes of argument, copy of letter dated 03.11.2017 by which was sent by the complainant seeking refund and allied documents. Those documents have gone unchallenged. The money receipts granted by the opposite party’s authorised person are sufficient to prove that Rs. 3, 38,746/- was advanced by the complainant in relation to the agreement dated 24.04.2016 touching upon the flat of ‘Royal Enclave’. The complainant has admitted it, in so many words that the refund of Rs. 1, 56,000/- already been made by the opposite party out of Rs. 3, 38,746/-. There appears nothing on record to show that the balance amount of Rs. 1, 82,746/- has ever been refunded.
4. As we all know, the ‘Royal Enclave’ housing project was nipped in the bud and the applicants who invested money in the said housing project had to put up with harassment and financial loss. The complainant is one of them. He also invested Rs. 3, 38,746/- with a hope that he would get the booked flat by making payment of the balance amount. Fortunately he has got back a sum of Rs. 1, 56,000/-. The opposite party - who collected money from the buyers with promise to provide them with accommodation- has since been utilizing their money to make unlawful gain. The complainant’s money amounting to Rs. 1, 82,746/- is still lying with them. He should not be asked to wait for an indefinitely. The opposite party should, therefore, be put under order to refund the same with interest at reasonable rate i.e. to say 10% p.a. For the harassment he has undergone he will get Rs. 15,000/- as compensation. Since he has not engaged any Advocate and has not made any specific prayer for litigation cost we detain ourselves from passing any order on the point as to cost.

The case is thus disposed of with the following directions:-

1. The OP will pay Rs. 1, 82,746/- with interest @ 10% p.a. with effect from 01.10.2015 until payment within a period of 45 days hence failing which the amount will accrue interest @ 12% p.a.
2. The OP will pay Rs. 15,000/- to the complainant on account of compensation within a period of 45 days failing which the amount will accrue interest @12% p.a.

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]
PRESIDEN