Complainant Smt.Smita Deshmukh has preferred this complaint U/s 17 of the Consumer Protection Act,1986.  Facts leading to the filing of the complaint may be narrated as under..

          The Complainant, Smt.Smita Deshmukh claims to be the Power of Attorney holder for her husband Mr.Suresh Deshmukh who is resident of Warud. The complainant was looking for purchase of flat or row house for the purpose of residence. Respondent No.1 Infratech Reasl Estate Pvt.Ltd. was involved in the business of development of land and construction of bungalow, duplexes and row-houses.  Respondent Nos.2 to 5 are the directors of Respondent No.1. In the year 2010, Respondents had launched a scheme named Vyankatesh City IV at mouza Pipri, Tah.Kuhi, District Nagpur.  The complainant got knowledge about the scheme through Respondent No.7 who is the Sales Representative of Respondent No.1. The Complainant, after having been impressed by the promises made, decided to reserve Villa No.41 admeasuring 91/04 Sq.mt. on survey No.134/1 to 134/6 at Mouza Pipri in the scheme known as Gulmohar Villa. Complainant has contended that the total consideration for the said Villa was fixed at Rs.24,25,000/- out of which the complainant has paid an amount of Rs.4,89,000 and booked the Villa on 23/3/2010. After booking the said Villa, the Respondent issued allotment letter on 29/03/2010. Complainant has contended that thereafter he also made payments to the Opposite Parties as per the Chart annexed to the Complaint. Complainant has alleged that the Respondent had promised to provide them facilities and amenities to the residents despite the fact that the place was 18 kilometers away from the “Zero Mile Nagpur”. Complainant was very keen to occupy the Villa and so was in touch with the Respondents. Respondent was issuing letters from time to time regarding completion of the construction. However, Respondent was also making demands to deposit Rs.13,71,129/- but the Complainant deposited Rs.17,09,000/-. Complainant has contended that despite the fact that the Respondent had not completed the construction as promised still the complainant has parted with huge amount but the assurance given by the Opposite Parties remained unfulfilled and the construction of the house was not completed. Complainant had issued a notice to the Respondent on 26/5/2016 but there was no response. Complainant was, thus, convinced that the Respondents had indulged in deficiency in service as well as Unfair Trad Practice under the provisions of Consumer Protection Act, 1986. Complainant was, therefore, compelled to file the present complaint for refund of the amount of Rs.17,09,000/- along with  interest @18% p.a. as well as compensation towards mental agony and cost of litigation and, so the complaint.

          After filing of the complaint, due notices were issued to the Opposite party Nos.1 to 7, but they failed to remain present though duly served and also failed to file written version and so, the complaint proceeded without written version of the Opposite Party Nos.1 to 7.

           Complainant, thereafter, led his evidence by way of affidavit and also filed documents on record. Complainant has placed on record copy of allotment letter dated 29/3/2010 as well as copies of several letters issued by Opposite parties from time to time and these letters go to show that not only the complainant had booked the Villa No.41 admeasuring 980 sq.ft. in the scheme known as Gulmohar Villa, but, further has also paid a sum of Rs.17,09,000/- from time to time. Complainant has also placed on record copies of payment receipts, and they clearly go to show that the complainant has parted with huge amount of Rs.17,09,000/-. On the other hand, Opposite parties have not appeared nor filed written version. In the same way, Opposite parties have not adduced any evidence in rebuttal, and hence, the entire evidence adduced by the Complainant has gone unchallenged. On going through the evidence on record and on hearing the learned advocate for the Complainant, we find that the complainant had parted with huge amount of Rs.17,09,000/- in the hope of getting a Villa for himself and his family. But his dreams were shattered. It is, therefore, clear that the Opposite Parties have not only indulged in deficiency in service, but also indulged in Unfair Trade Practice as provided under Consumer Protection Act,1986. Therefore, we hold that the Complainant is entitled for refund of the entire amount of Rs.17,09,000/- along with interest @18% p.a. from the date of payment till realization. We further hold that the Complainant is also entitled for compensation towards mental and physical harassment and cost of litigation. And so, we pass the following order..

                                                          ORDER

1. The Complaint is hereby partly allowed.
2. It is hereby declared that the Opposite Party Nos.1 to 7 have indulged in deficiency in service as well as Unfair Trade Practice under the provisions of Consumer Protection Act,1986.
3. Opposite party Nos.1 to 7 are directed to jointly and severally pay the sum of Rs.17,09,000/- alongwith interest @18% p.a. from the date of payment till realization.
4. Opposite party Nos.1 to 7 are also directed to jointly and severally pay the sum of Rs.3,00,000/- towards compensation for mental and physical harassment and Rs.25,000/- towards cost of litigation.
5. Copies of the order be supplied to the parties free of cost.