FACTS: Briefly stated, the case of the complainant is that an agreement for sale was entered into between the complainant and the OP whereby complainant agreed to buy one flat measuring about 300 sq. ft. on the 2nd floor in the property as mentioned in the schedule to the complainant. OP being the developer and promoter was constructing the said three storied building by virtue of a registered development agreement and a registered Power of Attorney executed by the land owners in the year 2016. The consideration of the said flat was fixed at Rs.6,30,000/- and the same was agreed to be handed over within one year from the date of the agreement for sale which is 16/11/2019. Complainant duly paid the entire consideration by way of installments on different dates. But the OP did not hand over the said flat to the complainant despite being requested several times by the complainant. Ultimately, complainant sent a letter through his Ld. Advocate on 17/11/2021 requesting the OP to hand over the physical possession of the flat and also for execution of the deed of conveyance. But OP neglected to do the same. Complainant alleged deficiency in service on the part of the OP. So, he filed the instant complaint praying for execution of the sale deed and handing over the flat in his favour or alternatively refund the said amount of consideration along with interest @ 10 % p.a. He also prayed for cost towards damages and litigation etc. OP did not appear in this case and file any W/V. So, the case against him was heard ex parte. Now the point for consideration is whether the complainant is entitled to relief (s) as prayed for in this case. FINDINGS: Complainant filed his evidence-in-chief on affidavit and also the documents namely, agreement for sale dated 16/11/2019, another agreement for mutual understanding dated 08/09/2021 and one Advocate’s letter dated 16/11/2021. The agreement for sale reveals that it was made between the complainant and the OP who was the developer and promoter and constructed the building in the scheduled property and he agreed to sell the scheduled flat to the complainant @ 2100 per sq. ft. for a flat 300 sq. ft. in total Rs.6,30,000/-. It was also agreed thereupon that the flat would be completed and handed over to the complainant within a period of 12 months from the date of the commencement of construction work though the date of construction work has not been mentioned therein. The memo of consideration as shown in the deed of agreement reveals payment of the entire consideration money to the OP. We further find that complainant produced one agreement for mutual understanding dated 08/09/2021 wherein it has been clearly noted in page No. 3 of the said agreement that the second party i.e. the complainant herein in this case would not purchase the flat from the first party i.e. the OP and that is why, the second party would refund the entire amount of consideration to the complainant. This agreement of understanding is found to have been signed by both the parties in presence of the witnesses the names of whom have been mentioned therein. Be it noted here that there are some overwriting on the figure of the amount shown at different places and at one place the price which was paid to the OP is shown to be Rs.6,60,000/- and also at one place in the said document in page No. 2 an amount of Rs.7,30,000/- has been mentioned. Thus, we find anomalies in respect of the amount as shown in this document. However, as the original deed of agreement has clearly mentioned payment of Rs.6,30,000/- as the consideration of the flat which is found to have been paid already. Here we shall stick to the said contention of the complainant that the actual amount which was paid to the OP is Rs.6,30,000/-. It is also amusing to see that in the agreement for understanding dated 08/09/2021, complainant is said to have refused to purchase the flat then how in the letter issued on behalf of the complainant dated 16/11/2021, complainant could make a demand for execution of the sale deed in respect of the flat which the complainant already agreed not to buy the flat in question. Be that as it may what it appears before us that complainant paid the consideration price of Rs.6,30,000/- but the flat was not handed over to him within the stipulated period of 12 months. Now the complainant, in his complaint, prayed for a direction upon the OP either to hand over or transfer the flat by way of execution of a registered deed of sale in favour of the complainant or alternatively to refund the amount of consideration with interest to him. On the facts and circumstances of the instant case, we are of the view that it would be proper to make an order for refund of the consideration amount along with interest @ 10 % p.a. in favour of the complainant instead of making an order for handing over the flat to him. With this the instant case succeeds. Hence, ORDERED The instant case be and the same is allowed ex parte against the OP. Complainant is entitled to get refund of Rs.6,30,000/- (Rupees Six Lakhs Thirty Thousand Only) along with interest @ 10 % p.a. from the OP. He is also to get Rs.4000/- (Rupees Four Thousand Only) towards cost of litigation from the OP. OP is directed to pay the said amount along with interest as directed above within a period of 45 days from the date of this order, in default of payment of the amount as awarded within the said stipulated period, the OP is liable to pay interest @ 15 % p.a. on the awarded sum of Rs.6,30,000/- (Rupees Six Lakhs Thirty Thousand Only) until realization in full. If the order is not complied with by the OP, the complainant would be at liberty to realize the same in accordance with law. Dictated and corrected by me. | 
