1. Evanie Infrustructure Pvt. Ltd. (OP 1) floated a housing project named as “Evanie Eco Nest” and the complainant being in need of a residential accommodation selected a flat measuring about 490.30 Sq.ft. which was priced at Rs. 14,15,944/- (Rupees fourteen lakh fifteen thousand nine hundred forty four) and booked the same in August, 2017 by making payment of handsome amount. Total payment made by the complainant for this flat came to Rs. 3,95,287/- it was agreed by and in between the parties that within 40 months from the date of agreement possession would be handed over after accepting the balance amount.

2. But the construction work for the aforesaid housing project was not taken up seriously by the developers and on being dissatisfied with the progress made by the developer in the construction work the complainant requested the developer for refund of the paid amount. Since the verbal request went in vain the complainant sent Advocate’s letter dated 17.03.2021 cancelling the agreement and also seeking refund of the paid amount with interest. On account of failure on the part of the developer in the matter of returning the paid amount in view of letter dated 17.03.2021 the complainant filed this case on 12.04.2021 for refund of Rs. 3,95,287/- with compensation of Rs. 5,00,000/- + Rs. 2,00,000/- and litigation cost of Rs. 30,000/-.

3. Ops have not contested the case by filing W/V, for which the case has been heard ex-parte.

4. In support of his case, the complainant has filed Affidavit in Chief, Copy of Agreement, BNA and Copy of letter dated 17.03.2021 among others. It needs to be mentioned here that payment of Rs. 3,95,287/- on behalf of the complainant was acknowledged by the developer under the agreement for sale dated 11.06.2018.

4. The documents filed by the complainant have not been challenged by the other side, for which they may be supposed to carry impeccable evidentiary value. It is abundantly clear from those documents that Rs. 3,95,287/- was advanced by the complainant to OP 1 under an agreement for sale of a flat measuring about 490.30 Sq.ft. in “Evanie Eco Nest” Housing Project. It is also transparent that no part of the paid amount has so far been refunded. As we all know the Evanie Econest Housing Project did not see the light of the day. The agreement for sale was ultimately cancelled by the complainant under letter dated 17.03.2021.

5. Since the OP 1 has unjustly been utilizing the complainant’s money amounting to Rs. 3,95,287/- since before 11.06.2018 the complainant would get compensation. Considering the amount of her harassment and agony the amount of compensation may be worked out at Rs. 70,000/-. She will also get Rs. 20,000/- as litigation cost and interest @ 10% per annum with effect from 11.06.2018 on the paid amount. There will be an order for refund of Rs. 3,95,287/- with interest @ 10% per annum with effect from 11.06.2018 and compensation of Rs. 70,000/- and litigation cost of Rs. 20,000/-.

6. The case is thus disposed of with the following direction.
   1. The OP 1 will pay Rs. 3,95,287/- with interest @ 10% per annum with effect from 11.06.2018 within 45 days hence, failing which the amount will carry interest @ 12% per annum.
   2. The OP 1 will also pay Rs. 70,000/- as compensation and Rs. 20,000/- as litigation cost totaling Rs. 90,000/- within 45 days hence, failing which the amount will accrue 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