Case of the complainant in brief is that the complainant applied for purchasing one bungalow type two-storied building with car parking space at the on going project of the OP-developer for a total consideration amount of Rs 35, 45,500/- out of which the complainant paid Rs5, 31,825/- to the OP, receiving the same OP allotted one bungalow type two-storied building measuring1700 sq.ft. with car parking space measuring 258 sq.ft. under the project namely   “SANDHYARAG” and the rest of the payment would be settled  by 13 instalments within a period of 3 years from one month of booking on 30.09.2012. It is stated in the petition of complaint that the proposed construction work has not been started although the complainant paid Rs 15, 71,825/- to the OPs from 09.08.2012 to16.05.2014. There after the complainant on several occasions requested the OPs to start the project but all were in vain. The complainant by sending letter dated 26.12.2017 requested the OPs to cancel the booking of the flat as well as the garage. In response to the said cancellation request the OP replied that they agreed to make arrangement for refund of the paid amount with interest @18%p.a. from the date of allotment and expressing their inconvenience for causing delay to hand over the possession of the bungalow B-182 on 14.06.2018 but thereafter the OP remained silent about the refund of the said amount. Finding no alternative the complainant filed this case praying the direction upon the OPs to refund Rs. 16,71,825/- along with 18% interest accrue from 10.08.2012 and to pay Rs. 20,00,000/- as compensation and a sum of Rs. 2,00,000/- as cost of litigation.

Notices were served upon the OPs inspite of that no W/V was filed on behalf of the OPs hence the case was proceeded ex parte against the OPs vide order no. 11 dated 28.07.2022.

Decision with reasons

To prove his case the complainant adduced money receipts issued by OP-developer from where it appears that he  made payment of Rs. 5, 31,825/- on 09.08.2012, Rs. 75,000/- on 24.08.2012, Rs. 51,000/- on 24.08.2012, Rs. 1, 59,000/- on 19.09.2012, Rs. 2, 85,000/- on 31.10.2012, Rs. 1, 00,000/- on 14.12.2012, Rs. 1, 00,000/- on 22.12.2012, Rs. 1,70,000/- on 15.05.2014 and Rs. 1,00,000/- on 16.05.2014 totalling Rs 16,71,825/-. It further appears from the allotment letter dated 10.08.2012 issued by the OP that after receiving a booking amount of Rs 5, 31,825/- OP allotted a bungalow in favour of the complainant. It further appears from the conversation took place between the complainant and the OP through e-mail that the OP agreed to refund the paid amount to the complainant. Non-payment of the agreed amount till date amounts to deficiency in service on the part of the OP. Therefore, the OP is liable to pay interest @6%p.a in the form of compensation and litigation cost of Rs5,000/- to the complainant.

In the result the petition of complaint succeeds.

Hence, it is,

Ordered

That the complaint case being no227/2020 is allowed ex parte against the OP with cost.

OP is directed to pay Rs 16, 71,825/- to the complainant with an

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

Dictated and corrected by

[HON'BLE MRS. Sagarika Sarkar]
MEMBER