1. The OP no. 1, 2 and 3 being developers floated a bungalow project named as ‘Aspirana Malabar Residency’ at Banamlipur under P.S. Cossipore District-South 24 pgs and published advertisement for sale of bungalows with 2.5 land. The complainants are the husband and the wife and they being in need of residential accommodation got attracted to the project and visited the project site and had talks with the office bearers of the developers. They selected two bungalow no. 53 and 54 each having 2.5 kattha land with cover area of 2160 sq.ft. and each of them was priced at Rs. 55,00,000/-. Applications for purchase those bungalows were submitted by the complainants along with application money of Rs. 19, 00,000/-. But the developers avoided to execute the agreement for sale and the complainants, with the passage of time, came to know that the said bungalow project was abandoned. The aforesaid OP no. 1, 2 and 3 subsequently agreed to relocate them into “Royal Enclave” housing project of their sister concern “Dharitri Infraventure Pvt. Ltd.” (OP no. 4, 5 and 6). On being asked by the OP no. 1, 2 and 3 they submitted a cancellation letter dated 25.04.2018 and applied for allotment of flats/bungalows in “Royal Enclave” on 24.06.2019. But neither the paid amount was returned to the complainants by OP no. 1, 2 and 3 nor allotment of flats/bungalows was made by OP no. 4, 5 and 6 in “Royal Enclave”. The complainants thereafter demanded refund by sending letter to OP no. 1, 2 and 3; but refund was not made. This is why the complainant has filed this case on 16.10.2020 seeking direction to the OPs for execution and registration of sale agreement or in the alternative for direction to the OPs for returning the paid amount with compensation, interest and litigation cost.
2. The OPs, in spite of having received the notice about pendency of the case against them, have not contested the case for which the case has been heard ex parte. In support of their case the complainants have filed evidence-in-chief, BNA, receipts dated 23.09.2016, 28.09.2016, 04.10.2016 which were granted by OP no. 1, 2 and 3 in respect to payment of Rs. 19, 00,000/-, acknowledgement letter dated 04.04.2017 issued by the aforesaid OPs, copy of cancellation letter dated 25.04.2018 and copy of application addressed to OP no. 4-6 for getting alternative plots and other documents. Needless to say that those documents have gone unchallenged and it is established rule of evidence that unchallenged documents carry impeccable evidentiary value. In other words the documents filed by the complainant are undoubtedly reliable and acceptable.
3. The acknowledgement/intimation letters dated 04.04.2017 go to show that bungalow no. 53 and 54 each priced at Rs. 55,00,000/- were booked by the complainant in “Aspirana Malabar Residency” by making payment of Rs. 19,00,000/-. Copy of receipts dated 23.09.2016, 28.09.2016 and 04.10.2016 appear to be quite consistent with the intimation letters in regard to the aforesaid payment in 3 instalments. It is also apparent from those documents that payment of Rs. 10,00,000/- was made on 23.09.2016 and Rs. 6,00,000/- on 28.09.2016 and Rs. 3,00,000/- on 04.10.2016. It is also evident that those payments were made against two bungalows being no. 53 and 54 in “Aspirana Malabar Resisency”. It is obvious from the evidence on affidavit and also from BNA that the “Aspirana Malabar Residency” project never saw the light of the day. The copy of cancellation letter dated 25.04.2018 discloses that the complainant cancelled the booking after knowing fully well that the booked bungalows would never be handed over. It appears from the material on record that OP no. 4-6 have business connection with OP no. 1-3 and they also launched “Royal Enclave”project in Rajarhat in the District of North 24 pgs. The complainants have stated in evidence that on being advised by OP no. 1, 2 and 3 they submitted an application on 26.04.2019 for allotment of bungalow/flat in “Royal Enclave”. But “Royal Enclave” housing project did not also see the light of the day. The OPs who collected Rs. 19, 00,000/- from the complainant with promise to provide them two bungalows with land have not given anything to the complainant at the end of the day. Since the first part of October, 2016 they have been utilising and retaining the said amount of Rs. 19, 00,000/- to make unlawful gain.
4. OP no. 1 to 3 are, therefore, under obligation to return the said amount of Rs. 19, 00,000/-to the complainant with interest, compensation and cost. But OP no. 4-6 were subsequently asked to allot flats or bungalows are unconnected with the aforesaid amount of Rs. 19, 00,000/-. Therefore, they are not bound to give any relief to the complainants. The responsibilities with the aforesaid amount of Rs. 19, 00,000/- lying with OP no. 1, 2 and 3. Since proposed housing project was nipped at the bud no effective direction can be passed for execution and registration of sale agreement. It would be justifiable to issue direction to OP no. 1 to OP no.3 for refund with interest, compensation and cost.
5. They have sought for compensation of Rs. 10,00,000/- + Rs. 5,00,000/- totalling Rs. 15,00,000/- for mental agony, financial loss and for deficiency of service on the part of the OPs in addition to Rs. 1,00,000/- for litigation cost. But the amount sought for appear to disproportionate to the sufferance they have undergone. Keeping in view the extent of their harassment, agony and also the nature and extent deficiency on the part of the OPs in rendering service it could easily be opined that a sum of Rs. 1,50,000/- if awarded therefor would amount to be ‘just compensation’. Similarly they would get a sum of Rs. 25,000/- on account of litigation cost.
6. The case is thus disposed of with the following directions:-

1. The OP will return to the complainant Rs. 19, 00,000/- with interest @10%p.a. with effect from 01.10.2016 till realisation within a period of 45 days hence failing which the amount will accrue interest @12%p.a.
2. They will also pay to the complainant Rs. 1, 50,000/- as compensation and Rs. 25,000/- as litigation cost totalling Rs. 1, 75,000/- within 45 days hence failing which the amount will carry interest @12%p.a.

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