1. The OPs being realtors floated a housing project consisting a flats parking slots, commercial spaces in the named as “New Royal Enclave” at Hudrait Mouza T.P.S.- New Town and the complainant being in need of dwelling unit visited the site on 26.05.2018 and selected a flat measuring about 750 sq.ft. on 2^nd floor in Tower-10 Block-2 of the said housing project. The said flat with a car parking space was priced at Rs. 24,00,000/- and the flat was allotted to the complainant on 26.05.2018 on the basis of the complainants application. A sum of Rs. Rs. 4, 65,000/- + Rs. 15,000/- + Rs. 10,000/- totalling Rs. 4, 90,000/- was paid by the complainant in between 26.05.2018 and 11.07.2018. But on or about 24.098.2018 the complainant came to know that Tower-10 of the housing project was not being raised due to some land dispute and on being challenged by the complainant the OP no. 1 wanted to allot an alternative unit. Even another flat being no. 2C in the 2^nd floor Tower-9 was allotted on 27.09.2019 by the developers to the complainant but the complainant did not accept the same and his intention for non-acceptance of the same was conveyed to the OPs on 01.10.2019 by sending e-mails. On 20.12.2019 the complainant sent Advocates letter to the OPs asking for refund of the paid amount with interest, compensation and litigation cost. As the OPs neglected to adhere to the Advocates letter, the complainant had to file this case on 04.03.2022 seeking refund, compensation and cost.
2. The OPs did not file any W/V to contest the case for which the case was heard ex parte.
3. In support of his case the complainant has filed copy of allotment letter dated 26.05.2018, money receipts, copy of agreement for sale dated 18.06.2018, notice of the e-mails, letter of allotment dated 27.09.2019, copy of Advocates letter dated 20.12.2019, evidence on affidavit and BNA. The aforesaid documents have gone unchallenged for which they may be supposed to carry impeccable evidentiary value. From those documents it is found that with a view to purchase a flat from the OPs the complainant advanced a sum of Rs. 4, 90,000 and due to his unwillingness to accept the allotment of an alternative flat the complainant had to seek for refund, compensation and cost. It is also apparent from the material available on record that no part of the paid amount has so far been returned to the complainant. It cannot be said, by any stretch of imagination, that the complainant was bound to accept the changed flat adhering to the request of the OPs. He had the right to back out or to refuse to accept the subsequently allotted flat. The Ops who have since long been utilising the money of the complainant for their own benefit are under obligation to return the paid amount to the complainant with interest, compensation and cost.
4. The complainant had to put up with agony and harassment due to abstention or omission on the part of the OPs from raising construction of the 10^th Tower of the housing project. The OPs, would therefore, compensate the complainant proportionately. The amount of compensation may be fixed at Rs. 1,00,000/- and the rate of interest @10%p.a. The complainant would also get Rs. 25,000/- on account of litigation cost.

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

1. The OP will return to the complainant a sum of Rs. 4, 90,000/- with interest @10%p.a. with effect from 11.07.2018 till realisation within a period of 45 days failing which the amount will carry interest @12%p.a.
2. The OP will also pay Rs. 1,00,000/- as compensation and Rs. 25,000/- as litigation cost totalling Rs. 1,25,000/- within 45 days hence failing which the amount will carry 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]
PRESIDENT