1. This a complaint filed by one Payel Ghosh against the Manager and Director of M/s Evanie Infrastructure Pvt. Ltd. (Developers) alleging that the developers has neglected to refund of the money of Rs. 4,53,438/- advanced for booking of 2BHK flat of 535.63 sq. ft. in the 4^th floor of Evanie Eco-nest- a housing project of developers which was priced at Rs. 19,19,420/-.
2. The complainant advanced 27% plus 22% of the total price of the flat ie.. 4,53,438/-, in two cheques which were encashed on 05.02.2018 and 08.02.2018. Due to financial crisis faced by him the Complainant asked the developers for refund the aforesaid amount of Rs. 4,53,438/- on 19.04.2019 by sending a letter seeking cancellation of the aforesaid agreement for sale. The letter containing the request for cancellation was duly received by the developer and the developers under leter dt. 27.04.2019 assured the complainant that the amount would be refunded. The complainant was further advised under the aforesaid letter to get in touch with Ranjan Panda for getting the refund. But till date the complainant has not received back the said amount of Rs. 4,53,438/- for which he has filed this case against the Ops seeking refund ,compensation of Rs. 50,000/- and litigation cost of Rs. 20,000/-.
3. Inspite of having received the notice about the institution of the case against them, the Ops preferred not to contest the case. This is why the case has been heard ex parte.
4. The only point which has to be decided by this Commission is whether the complainant is entitled to get an order for refund, compensation and litigation cost or not.
5. The copies of cheques of ICICI Bank bearing no. 089184 and 089185 which were issued by the complainant have been filed in this case. So also the receipts in respect of the aforesaid amount which were granted by the Ops. Copy of agreement for sale which does not bear the signature of either party has been filed in addition to the letter of the complainant dt. 19.04.2019 and the letter of the Ops dt. 27.04.2019. Evidence on affidavit has also been filed by the complainant. A perusal of the aforesaid documents and evidence on record reveals that with intend to purchase a flat from the Op, the complainant advanced Rs. 4,53,438/- in February, 2018. It also becomes apparent that due to his personal problem the complainant wanted to get away from the scheme and asked the Ops to refund the money advanced by him. It is also apparent that the Ops conceded to the demand of the Ops and agreed to refund Rs. 4,53,438/-. It is in the evidence on record that the Ops neglected to keep their promise for refunding the amount. Undoubtedly, the complainant is entitled to get a sum of Rs. 4,53,480/- in addition to compensation and litigation cost. Had the Ops acted in terms of leter dt. 27.04.2019 which was issued by them the complainant would not have filed the present case. Therefore the complainant is entitled to get a sum of Rs. 20,000/- as litigation cost from the Ops. They have also kept the demand of the petitioner pending for nearly 2 years and 5 months ie. 29 months (from 27.04.2019 to 13.09.2021) for which they will pay compensation @ 9% p.a. A sum of Rs. 98,622/-  is payable to the complainant on account of compensation.

          Hence it is ordered that the case be and the same is allowed ex parte. The Ops will pay Rs. 4,53,438/- plus 20,000/- plus 98,622/- totaling to Rs. 5,72,060/- to the complainant within 30 days 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