1. The OPs are the developers in respect to a housing project named as “Prince Town” Scheduled to be erected on 13 Bighas 7 Cottahs 6 Chittacks and 33 Sq.ft. of land within Leather Complex Police Station area and the complainant being in need of a residential accommodation approached the developers and selected a 1BHK dwelling Unit measuring about 319.3 Sq.ft. in Phase – 1 of the Prince Town Housing Complex worth Rs. 7,85,407/- (Rupees seven lakh eighty five thousand four hundred seven) only accordingly an agreement for sale was made on 08.08.2017 between the developers and the complainant and following terms of the said agreement payment of Rs. 2,10,000/- (Rupees two lakh ten thousand) only was made by the complainant.

2. That the proposed complex was not constructed by the developers and the developers agreed to refund the paid amount in favour of the complainant. Accordingly, cheques were issued by the developers but those cheques were dishonoured. The complainant only got back Rs. 25,000/- (Rupees twenty five thousand) only from the developers on 21.01.2019 through his bank account. Thereafter he developers neither refunded the balance amount nor took up the construction of the housing project. The project did not see the light of the day and the complainant has since been sustaining loss on account of interest coupled with mental pain and agony. Practically he had to run from pillars to posts for seeking refund of the balance amount. This is why he has filed this case for getting back the balance amount of Rs. 1,85,000/- (Rupees one lakh eighty five thousand) with interest, compensation and cost.

3. The OPs entered appearance and filed W/V to contest the case; but ultimately skipped the trial for some unknown reason. A perusal of the W/V and questionnaire submitted by the OPs it appears that the payment of Rs. 2,10,000/- by the complainant under agreement for sale has not been denied by the other side. It is also an admitted fact that out of Rs. 2,10,000/- a sum of Rs. 25,000/- has already been refunded.

4. In support of his case the complainant has filed evidence in chief, copy of agreement dated 08.08.2017, cancellation letter dated 22.08.2018 which was sent by the complainant to the OPs, money receipts signed by the developers, copies of cheques, Advocate’s letter dated 26.02.2019 and BNA. Those documents have not seriously been challenged by the other side. It appears, there from that the complainant made agreement with the developers on 08.08.2016 for purchasing a flat in Prince Town and advanced Rs. 2,10,000/- for that end. The project did not see the light of the day and subsequently the complainant has to cancel the agreement by sending letter. It is abundantly clear from the materials available on record that Rs. 25,000/- was refunded by the developers to the complainant and the balance amount of Rs. 1,85,000/- remain unpaid. The complainant has every right to get back the paid amount of Rs. 1,85,000/-.

5. Needless to say that the complainant willing to purchase a flat from the developers had to undergo pain and agony, uncertainty and harassment for the irresponsible role played by the developers. Therefore, he is entitled to compensation. The amount of compensation, regard been had to the volume of pain, agony, harassment and uncertainty, may be worked out at Rs. 75,000/- (Rupees seventy five thousand) only. Since the complainant had to incur some expenses for this litigation he will get a sum of Rs. 25,000/- on account of litigation cost.

6. Hence, it is ordered that, the OP will pay Rs. 1,85,000/- with interest @ 12% per annum from the date of payment till realization within a period of 45 days, hence failing which the amount will accrue interest @ 14% per annum. They will also pay compensation of Rs. 75,000/-, as litigation cost of Rs. 25,000/- totaling Rs. 1,00,000/- (Rupees one lakh) only within a period of 45d days hence, failing which the amount will carry interest @ 12% per annum.

          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