Hon’ble Sudip Niyogi, President FACTS The fact leading to the instant complaint, in brief, is that complainants had applied for a flat in Hiland Greens Phase- I by paying the application money/booking money of Rs.50,000/- by a cheque being No. 000306 dated 12/02/20214 to the opposite party No. 1. Thereafter, his said application was accepted and one residential flat being No. 6A3 on the 6th floor, Tower- 15 having aggregate carpet area of 712 sq. ft. was allotted to the complainants by way of a letter of allotment dated 01/03/20214. He was also allotted one open car parking space. The consideration of the said flat allotted to the complainants was Rs.18,05,000/- while that of the open car parking space was Rs.1,75,000/-. So, the amount of consideration for both the flat and car parking space which the complainant was to pay is Rs.19,80,000/- in total. Following the payment schedule which was delivered to the complainants, they paid the amount of all the installments and thereby they made payment of Rs.20,75,766/- in total. As per terms and conditions, the opposite parties have to deliver peaceful possession of the said residential flat and car parking space within 42 months from the date of allotment. But the opposite parties could not deliver the same within the stipulated period and this was informed by the complainants by a letter dated 16/10/20217 that the possession of their flat and car parking space was not delivered to them. However, it is alleged that despite repeated assurances by the opposite parties, the complainants found, on visiting the site, that no work was in progress and they became disappointed. Having been disappointed due to the inordinate delay in delivery of the possession and following their mental harassment, they requested for refund of the money paid by them. They also, through their Advocate, issued a representation through email to the opposite parties in their official email address in this regard. Thus, being compelled, they filed the instant complaint praying for refund of the entire amount paid by them along with interest and compensation for causing harassment and financial loss and also cost of litigation. This complaint was heard ex parte as none of the opposite parties appeared and contested the case. So, the point for consideration if the complainants are entitled to any relief(s) as prayed for in this case. FINDINGS Complainant No. 1 filed evidence on behalf of the complainants on affidavit besides filing of documents, namely, the photostat copy of the application kit including the general terms and conditions showing payment of application money by cheque, allotment letter dated 01/03/2014, copies of payment receipt by the complainant. They also filed copies of several letters and representations made between the parties. Having gone through all these documents, it could be found that the flat No. 6A3 Tower- 15 at Hiland Greens and one open car parking space were allotted to the complainants. It is further found from the payment receipts that complainants paid by cheque and sometimes through NEFT an amount of Rs.20,75,766/- against which the said receipt vouchers were issued on behalf of opposite party No. 1- company. It is further found from the terms and conditions that the flat and car parking space were to be handed over within 42 months from the date of the letter of allotment i.e. from the date of 01/03/2014. So, the opposite parties were to hand over their flat and car parking space by 31/09/2017. It is also found they requested the opposite parties to refund the amount paid by them as they failed to deliver the possession of the flat and car parking space to them. Complainants also issued letters through their Advocate requesting the opposite parties to return the amount paid by them along with interest but they did not get any response. So, considering all the materials on record and taking into anxiety of the complainants who invested the said amount in order to have a flat and car parking space in Hiland Greens, we are of the pinion that as the opposite parties failed to comply with the terms and conditions by delivering the possession even after the stipulated period, the complainants are entitled to refund of the amount they paid to the opposite parties along with interest. So, complainants are entitled to refund of Rs.20,75,766/- along with interest @10% p.a. Complainants are also entitled to cost of litigation of Rs.5000/-. Considering the rate of interest awarded, the amount of compensation is not considered separately. Accordingly, it is ORDERED That the instant complaint be and the same is allowed ex parte against the opposite parties. Opposite parties are directed to pay Rs.20,75,766/- (Rupees Twenty Lakhs Seventy-Five Thousand Seven Hundred Sixty-Six) along with interest @10% p.a. to the complainants. Opposite parties are also to pay Rs.5000/- (Rupees Five Thousand Only) for cost of litigation to the complainants. The aforesaid orders are required to be complied with by the Opposite Parties within 45 days from the date of this order, failing which the awarded sum shall carry interest @12% p.a. until realization in full and complainants shall be at liberty to realize the same in accordance with law. | 
