1. The OPs are the developers and they launched in 2017 a housing project namely as King Town-New Town at Hatisala, New Town, District- North 24 pgs and thereafter another housing project named as Eco Nest at the Hatisala Mouza in New Town in 2018. The complainant being in need a residential accommodation applied for allotment of a flat in King Town-New Town on 11.05.2017 by advancing and paid the booking amount of Rs. 1,00,000/- against money receipts dated 11.05.2017. Thereafter, on 17.07.2017 he paid a sum of Rs. 2, 20,000/- for the said purpose against receipt.
2.  As a result of discussions with the developers the complainant thereafter agreed to purchase 11.09.2018 a 3BHK flat from the OPs in Eco Nest housing project and made payment of Rs. 4, 59,577/- inclusive of Rs. 2, 20,000/- + 1, 00,000/- which were advanced for the flat of King Town-New Town and a receipt was also granted by the OPs in favour of the complainant on 11.09.2018. But the housing project named as either Eco Nest or King Town-New Town was not taken up seriously by OPs for which they did not see the light of the day and in view of the expression of interest as made by the complainant in the aforesaid manner agreement for sale was also not presented before the complainant for his signature. The complainant did not get any agreement for sale for which he made several request to the opposite parties. Ultimately the complainant came to his senses and realized on 06.02.2020 that he had been roped in an unlawful trade practice on the part of the OPs for which he sent a letter asking the OPs for refund. Again on 04.04.2021 he sent an Advocate’s letter to the OPs seeking refund. Since refund was not made in compliance with those letters the complainant had filed this case on 26.07.2021 seeking refund, interest, compensation and cost.
3. The OPs although made appearance before this Commission but abstained from filing W/V in time for which the case was heard ex parte.
4. In support of his case the complainant has filed the money receipts dated 11.05.2017, money receipt dated 17.07.2017 and money receipt dated 11.09.2018 together with the copy of letter dated 06.02.2020 and copy of advance notice dated 04.04.2021 in addition to evidence on affidavit and BNA. All these have gone unchallenged. The opposite parties would have contested the case by filing written version-had they got any ground to resist the complainant’s claim.
5. After hearing the Ld. Advocate of the complainant to advance argument in support of his case and perusing the aforesaid unchallenged documents we find that the OPs invited expression of interest from the perspective buyers in dwelling units to be constructed in King Town-New Town and also in Eco Nest for which the complainant made payment of Rs. 4, 59,577/- in 3 installments. It is also found that he waited for long for getting an agreement for sale of flat from the OPs end. We also find that neither the agreement for sale was prepared nor the housing project either at King Town-New Town or at Eco Nest was raised successfully.  It is a clear case of unlawful trade practice and also deficiency in service on the part of the OPs. The OPs has no right to retain the money taken from the complainant with assurance that he would be prepared with a 3 BHK dwelling unit in Eco Nest housing project. It is needless to say that the complainant, due to such fraudulent practice on the part of the OPs, has suffered immense mental anxiety and pain since 11.09.2018 for which the opposite parties should be made to compensate the complainant. Keeping in view the length and volume of his suffering the amount of compensation may be worked out at Rs. 50,000/- (Rs. Fifty thousand). Again had he invested Rs. 4, 59,777/- in any other financial institution he could have earned an interest. Therefore the opposite parties should pay him interest also with effect from 11.09.2018 on Rs. 4, 59,777/- @10% per annum in addition to compensation to the complainant. He will also get a sum of Rs. 20,000/- (Rs. Twenty thousand) on account of litigation cost.

6. The case is thus disposed of for the following directions:-

Let a plain copy be handed over to the parties free of cost as per CPR.

Dictated and Corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT