1. The complainants who are the husband and the wife approached the OPs for purchase of a flat in proposed housing project names as “King Town-New Town”. Accordingly he entered into an agreement with the OPs (developers) on 17.10.2017 for purchasing a flat measuring about 522.74 sq.ft. in the ground floor of the said housing project at Rs. 8,94,803/- and advanced a sum of Rs. 3,94,803/- under the said agreement. But the developers relinquished the project shortly thereafter for which the complainants asked the developer for returning the paid amount by sending a letter. In response to this letter the developers issued three cheques being no. 082459 dated 22.04.2019, O82460 dated 15.05.2019 and 082461 dated 08.04.2019 for a sum of Rs. 3,66,597/-;but those cheques were dishonoured. An Advocate’s letter dated 24.09.2019 was sent by the complainant raising the demand for repayment of the paid amount; but no part of the paid amount was returned to the complainant. This is why they have filed this case on 17.10.2019 seeking refund, interest, compensation and cost.
2. In support of their case, the complainants have filed the affidavit-in-chief, the copy of agreement dated 17.10.2017, money receipts, BNA, copy of lawyer’s notice etc. The OPs have not challenged any of those documents for which they may be supposed to carry impeccable evidentially value. During the course of argument, the Ld. Advocate appearing for the OPs has not minced a single word to refute the claim for Rs. 3,94,803/-
3. He has tacitly conceded to the assertion of the complainant that the “King Town-New Town” housing project was nipped in the bud. It is neither party’s case that any part of the paid amount has so far been refunded.
4. The money receipts together with the copy of agreement are sufficient to prove that Rs. 3, 94,803/- was paid for the said flat. The Ld. Advocate appearing for the OPs has also acquiesced in the claim of the complainant as to such payment being made. Therefore, the OP who received the aforesaid amount on or before 17.10.2017 is under obligation to return the same to the complainant. Had they invested the said amount in any other profit oriented scheme they would have got some profit or interest thereby. The OPs on the other hand has been utilising the complainants’ money since 17.10.2017 to make unlawful gain. Undoubtedly the complainants had to face tremendous pressure or anxiety or pain when the closure of the project came to light. Therefore, the OPs would compensate them for harassment, pain and agony. In view of the amount of harassment or agony and the length of such sufferance a sum of Rs. 50,000/- may be worked out as compensation. The paid amount of Rs. 3,94,803/- will carry interest @10%p.a. A sum of Rs. 25,000/- may be fixed as litigation cost.

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

1. The OP will return to the complainant a sum of Rs. 3,94,803/- with interest @10%p.a. with effect from 17.10.2017 (i.e. to say date of agreement) till realisation within a period of 45 days hence failing which the amount will carry interest @12%p.a.
2. The OP will also pay Rs. 50,000/- as compensation and Rs. 25,000/- as litigation cost totalling Rs. 75,000/- within a period of 45 days hence 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]
PRESIDENT