1. The Ops being realtors floated a housing project named as “Royal Enclave” within the jurisdiction of this Commission and the complainant being in need of dwelling unit selected a flat in the said project having an area of 600 Sq.ft. along with car parking space which was priced at Rs. 17,00,000/- (Rupees seventeen lakh). Accordingly an agreement for sale was signed by the developers and the purchaser on 07.12.2018. Pursuant to the terms of the agreement, the complainant paid Rs. 4,49,000/- on 19.12.2018 and Rs. 11,000/- on 17.12.2018. The complainant came to know thereafter that the “Royal Enclave” housing project was left in abandoned condition. Fact remains that the said housing project never saw the light of the day. When the complainant came to realize about the fate of the said housing project he sent a legal notice to the developers on 02.04.2021 asking them to go for execution and registration of sale deed in respect to the booked flat. But the developers turned blind eyes to the said notice for which the complainant had to file this case on 24.12.2021 seeking direction to the OP for execution and registration of sale deed and in the alternative for refund of the paid amount with compensation, interest and cost.

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

3. In support of his case, the complainant has filed (a) evidence on affidavit, (b) copy of agreement for sale for 07.12.2018, (c) allotment letter dated 07.12.2018, (d) money receipt and copy of legal notice. 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. 4,60,000/- was made by the complainant in favour of the OPOs by 19.12.2018 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 19.12.2018 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. 4,60,000/- with interest @10% per annum with effect from 19.12.2018. 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/-.

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

1. The Ops will return Rs. 4,60,000/- (Rupees four lakh sixty thousand) to the complainant with interest @10% per annum with effect from 19.12.2018 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