1. Aashna Rungla and Urmila Rungta who advanced a sum of Rs. 3,32,346/- under an agreement dated 18.04.2016 in favour of  Cancun Bhumi Pvt. Ltd. and others (OPs) for purchasing a flat priced at Rs. 16,21,200/- have filed this case on 28.01.2020 against the OPs seeking refund of the aforesaid amount of Rs. 3,32,346/- with compensation of Rs. 3,50,000/- and cost of Rs. 28,000/- mainly on the ground that the OPs have failed to perform their part of agreement dated 18.04.2016.
2. The OPs launched ‘Cancun Bhumi’ Housing Project in 2016 and after coming to know about the said project, the Complainants wanted to purchase one 1BHK Flat priced at Rs. 16,21,200/- and made an agreement with the OPs on 18.04.2016 and paid Rs. 3,32,346/-.
3. It was agreed by and between them that the project would be completed within 30 months or within 36 months. But it came to light that the said project was not taken up seriously by the OPs and it never saw the light of the day.
4. On 01.11.2017, the OPs also gave out under a letter that the project would not be completed in time. Such being the position, the Complainant sent a letter dated 07.03.2019 for cancellation of the agreement dated 18.04.2016 and for refund of the amount paid. Since refund was not made despite several requests, the Complainants were left with no option, but to file the instant case.
5. The OPs have contested the case by filing WV and BNA. Although they have not denied having received a  sum of Rs. 3,32,346/- from the Complainant under the agreement dated 18.04.2016. But they have wanted to say that payment was not made by the Complainant in consonance with the terms of agreement. They have wanted to say that the Complainant have also made default in performing their part of agreement.
6. Now the only point which is to be decided in this case is whether the Complainant is entitled to the relief sought for or not.
7. It is an admitted position that the OPs have not given any thing to the Complainant in lieu of to Rs. 3,32,346/- which was receive d by them from the Complainant under the agreement dated 18.04.2016. True it is that initially the OPs wanted to claim that 40% the flat price would have to be paid at the time of agreement, but they made the agreement after accepting lesser amount.
8. The agreement has been challenged by the OPs vehemently. One of the terms of the agreement was that the possession of the flat would be delivered within 30 months or within 36 months but he OPs did not take any step to fulfill that term. As a matter of fact the work for raising construction of the said Housing Project was not seriously taken up by the developers. The reason, for which they did so, are not known to us and we are not concerned with that too at the stage at which we are now placed. Fact remains that the OPs have abstained from performing their part of agreement even after accepting some amount from the Complainant. The Complainants have sustained loss of interest on the aforesaid amount of Rs. 3,32,346/-  in addition to mental agony harassment and tension.
9. The OPs are under obligation to refund of the amount taken from the Complainant. They are also under obligation to compensate the Complainants for the loss they have sustained. The Complainants are also entitled to get some cost for proceeding with the litigation regard being add to the volume of the Complainants suffering we think that a sum of Rs. 1,00,000/- should be awarded on account of the compensation. The litigation cost may be worked out at Rs. 25,000/-.
10. Hence it is ordered that the OPs will pay to the Complainants a sum of Rs. 3,32,346/- within 3 months hence with interest @ 10% p.a. for the period from 18.04.2016 till realization, failing which the amount will accrue interest @ 12% p.a. The OP will also pay Rs. 1,00,000/- as compensation and Rs. 25,000/- as litigation cost totaling Rs. 1,25,000/- within a period of 3 months hence, failing which the amount will accrue interest @ 12% p.a.        

Let plain copy be given to the parties free of cost, as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT