Contention under complaint petition is that the complainant as per proposal of the OP agreed to purchase a flat at a price of Rupees 35,90,000/- (thirty five lakhs ninety thousand). On the basis of the proposal an agreement was executed in between the complainant and the OP on 13.02.2020 and it was certified by Notary Public on 27.05.2020. At that day OP issued cash receipt of Rs. 31,50,000/- as earnest money when Rs. 4,40,000/- was due. That was decided to hand over on the date of registration. Complainant paid that amount from his landed property. But since now this OP did not hand over the flat to him when complainant is ready to pay the rest amount. Complainant went to the OP with the rest amount but he is now avoiding him. On 09.05.2022 OP refused to hand over the flat and refused to return the amount of Rs. 31,50,000/- as paid by the complainant as advanced money.

Hence complainant approached before this commission for return of his earnest amount of Rs. 31,50,000/- along with 9% interest till realization and compensation of Rs. 9,00,000/- for unfair trade practice and Rs. 5,00,000/- for mental agony and Rs. 10,000/- for litigation cost.

OP did not appear before the court, hence this exparte hearing arose.

In order to substantiate the complaint, complainant examined himself and filed the documents like as copy of agreement in between promoter and complainant, receipt of earnest money which marked as exhibit 1 and 2.

                                Now on perusal of unchallenged documents and untested testimony of the complainant in exparte form we the commission, find that practically there no date of delivery of flat was mentioned in agreement paper and in fact there no document in the form of refusal to the delivery of the flat under the record.

However when there is a receipt of payment by the complainant of Rs. 31,50,000/- to the OP   as existed in the marking exhibit list through trial, this complainant is considered as consumer and since he is now willing to get return of his earnest money of Rs. 31,50,000/- because of not having any flat from the OP this commission on considering his part payment, is directing the OP to return his amount of Rs. 31,50,000/- paid on 27.05.20.

The OP is also directed to pay the interest on the entire amount of Rs. 31,50,000/- at the rate of 9% per annum from 27.05.20 if not any flat is handed over to him on taking rest amount as due work.

This order of payment of Rs. 31, 50,000/- along with interest of 9% would be effected within four months of this final order if no flat was handed over within this time. Complainant is also entitled to get litigation cost of Rs. 5,000/-. Further to mention/ observe since there no date of delivery has been mentioned by the Developer in agreement and no document of refusal existed in the record, complainant is not entitled to get any compensation for harassment and mental agony.  

Hence                            ordered,

Complaint petition is allowed at a direction to pay Rs. 31,50,000/- along with an interest of 9% per annum from the date of payment 27.05.2020 by the OP. OP is further directed to pay litigation cost of Rs. 5,000/- to the complainant. The entire aforesaid amount to be paid by the OP to the complainant within four months of this final order. Non compliance of this Court’s order by the OP is subject to be executed under provision of 71/72 of Consumer Protection Act of 2019. No order of cost is being made.