Date of filing: 18/07/2022                                        

Date of Judgment: 20/12/2023

Mr. Sudip Niyogi, Hon’ble President.

                                                             BRIEF FACTS

Complainant had entered into an agreement with the opposite parties the developer to buy one self-contained residential flat at Priyanvada – II on the second floor, south facing having super built up area 600 sq. Ft. At the proposed G + IV building and one open car parking space in phase – I of the housing complex known as ROYAL ENCLAVE situated at Mouza Hatisala as described in paragraph – 1 of the petition of complaint at a consideration of Rs. 18,40,000/- out of which complainant advanced Rs. 4,04,335/- by making payment on different dates. It was agreed that within 36 months from the said date of agreement the construction would be completed. However, by a letter dated 06/03/2018 OP No. 1 informed the complainant that they are suffering from unnecessary difficulties to complete the project. On receipt of that letter complainant wanted to get refund of the amount paid by him and according to him he received Rs. 50,000/- on 14/12/2018 but the remaining amount was not paid deliberately for which complainant issued a letter through her advocate to get refund but to no effect. By filing this application complainant prayed for a direction upon the opposite parties to refund the balance amount of Rs. 3,54,335/-, pay compensation and cost of litigation. OP did not appear to contest the case.

Point for determination is whether the complainant is entitled to any relief(s) in this case?

                                                            FINDINGS

On the prayer of the complainant the petition of complaint was treated as evidence on her behalf. She also produced the copy of the agreement for sale entered into on 20/10/2026 and also the money receipts showing payment of Rs. 4,04,335/- towards consideration of the said flat. It is however, admitted that after the complainant wanted refund of the amount paid by her, OP No. 1 refunded Rs. 50,000/- through NEFT on 14/12/2018 but thereafter nothing was paid to the complainant about the balance amount. So considering the case of the complainant and on the basis of the evidence and documents produced by her, she is found to be entitled to get back the balance amount of Rs. 3,54,335/- along with interest 9% p.a. from the date of 14/12/2018 when the refund of Rs. 50,000/- was made by OP No. 1. This apart considering the long pendency of this case the complainant is entitled litigation cost of Rs. 8,000/-.

Accordingly it is

                                               ORDERED

That the instant complaint is allowed exparte against the opposite parties.

Opposite parties are directed to refund the amount of Rs. 3,54,335/- to the complainant along with interest @ 9% p.a. since 14/12/2018 within 45 days from the date of this order.

Opposite parties are also directed to pay litigation cost of Rs 8,000/- to the complainant also during the aforesaid period.

If the aforesaid orders are not complied with as directed the complainant shall be at liberty to take necessary steps in accordance with law.

Dictated and corrected by me

PRESIDENT