1. The husband and the wife have  filed this application under Section, 12 of the Act seeking direction to the Ops (Developers) to refund a sum of Rs. 7,31,500/- plus 800/- along with other reliefs on the ground that the developers took the aforesaid amount with a view to sell a flat in the developer’s project named as ‘Dharitri Infraventure’ which was  priced at Rs. 38,00,000/-.
2. Under an agreement dt. 07.03.2017 for sale of the aforesaid flat the aforesaid amount was advanced by Cheque Number 686335 dt. 07.03.2017, Cheque Number 686336 dt. 10.03.2017 and Cheque Number 686347 dt. 28.06.2017 in addition to a sum of Rs. 800/- which was paid in cash. It has been alleged by the complainant that the developer’s aforesaid housing project could never see the light of the day for which they approached the developer for getting back the money, but the developers took time on  various pleas without paying a single farthings. This is why they have filed this Case.
3. Inspite of having received the copies of notices the Ops abstained from entering appearance for which the case proceeded against them ex parte. But complainant has produced evidence on affidavit and filed relevant documents including the agreement dt. 07.03.2017 and the copies of the Cheques being number 686335, 686336 and 686347 and receipt granted by the developers in favour of the complainant in respect of the aforesaid payments.
4. From the material of record it is apparent that the Ops published advertisement  in the Telegraph Newspaper about the up-coming housing project named as ‘Dharitri Infraventure’ on 22.02.2017. It is also apparent that the complainants selected flat with car parking space in the said project at Rs. 38,00,000/-. Accordingly, they made payment of Rs. 7,31,500/- plus 800/- totaling Rs. 7,32,300/-. The abstention of the Ops from the arena of this case speaks  volumnes for the allegation that the complainant’s demand was not seriously taken up by the developers.
5. It is also out common knowledge that ‘Dharitri Infraventure’ never saw the light of the day. Not that the Op has challenged the evidence on payment of Rs. 7,32,300/-. It is abundantly clear to us that inspite of having received the sum of Rs. 7,32,300/-, the developers have not given anything to the complainants. They are bound to return the aforesaid amount to the complainant. It stands to reason that over the past 4, 5 years the complainants had to bear mental agony and misgivings and they have also sustained loss of interest on Rs. 7,32,300/-. Therefore, the developer will compensate the complainant’s agony by  paying a sum of Rs. 1,00,000/-. They will also bear interest on the aforesaid amount of Rs. 7,31,300/- @ 9% pa. from the date of payment till realization and sum of Rs. 25,000/- on account of complainants litigation cost.
6. Hence it is ordered that the case be and the same is allowed ex parte. Op will pay to the complainants Rs. 7,32,300/- with interest @ 9% pa from the date of payment till realization within 3 months hence failing which the amount will carry @15% pa. The Ops will also pay Rs. 1,00,000/- plus 25,000/- totaling Rs. 1,25,000/- within 1 month hence, failing which the amount will carry interest @ 9% 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