1. The complainant being in need of a dwelling unit booked a flat in Ops’ housing complex named as “King Town” by depositing application money by 23.09.2017. He also made further payment in view of the demand raised by the Ops by virtue of which the payment made by the complainant came to Rs. 4,15,371/-(Rupees four lakh fifteen thousand three hundred seventy one). It was agreed by and in between the parties that the complainant would be given a flat measuring 728 Sq.ft. on the 2^nd Floor in Tower – A3 after accepting the balance amount of Rs. 14,85,000/- minus Rs. 4,15,371/-. The complainant was asked to make further payment. But the complainant visited the site and could see no traces of construction at the proposed site. After coming to his senses about the deceitful intention of the realtor the complainant wanted to back out from the scheme and asked the developers by sending a letter dated 16.02.2019 to refund the paid amount. Series of talks held in between them thereafter as a result of which Rs. 20,000/- was only paid by the developers to the complainant. Since the balance amount of Rs. 3,95,371/- was not paid in compliance with the request of the complainant he had no other option but to file this case on 05.01.2020 seeking refund with interest, compensation and cost.

2. The Ops entered appearance in response to the notice having been served upon them and filed W/V to contest the case. But no part of the W/V contains averment to the effect that Rs. 3,95,371/- was never recoverable from the OP.

3. In support of his case, the complainant has filed (a) evidence on affidavit, (b) money receipts, (c) copies of letters etc. Those documents have gone unchallenged for which they may be supposed to carry impeccable evidentiary value. It is clear from those documents that Rs. 4,15,371/- was paid by the complainant for purchasing a flat in Ops proposed King Town Housing Project, but the said housing scheme was never translated into reality. It may be gathered from the material available on record that the proposed housing project was left in abandoned condition for the reasons best known to the developers and it stands to reason that the developers collected booking amount from the intending purchasers with assurance to provide them a flat in Kingstown housing project and complainant was one of them. Admittedly a sum of Rs. 20,000/- out of the paid amount was returned to the complainant and the balance amount of Rs. 3,95,371/- still remains unpaid. The Ops should be put under order to return the aforesaid amount of Rs. 3,95,371/- with interest @ 10% with effect from 23.09.2017 (the date on which last payment was made) the complainant had to put up with harassment, agony and pangful anxiety during the last 4 to 5 years for the deceitful as well as unscrupulous act done by the Ops the complainant will get compensation from the Ops and in view of the amount of his sufferance, the compensation amount may be fixed at Rs. 75,000/-, he will also get Rs. 25,000/- as litigation cost.

4. The case is thus disposed off with the following direction :-

1. The Ops will return Rs. 3,95,371/- (Rupees three lakh ninety five thousand three hundred seventy one) with interest @ 10% per annum with effect from 23.09.2017 till realization within a period of 45 days hence, failing which the amount will accrue interest @ 12% per annum.
2. The Ops will also pay Rs. 75,000/- as compensation and Rs. 25,000/- as litigation cost totalling Rs. 1,00,000/- till realization within a period of 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