1. The complainant has filed this case against the developers and the land owners (Op 1 to 7) under Section 12 of the CP Act for direction to the Op 1 for completion of the construction work and in default for refund of Rs. 2,00,000/- with interest and compensation of Rs. 2,50,000/- and litigation cost of Rs. 10,000/-.
2. It is the case of the complainant that Op 1 agreed to sale a flat measuring 400 Sqft at Rs. 4,00,000/- to the complainant  on 29.01.2013 under written document. In pursuant to such agreement dated 29.01.2013, the complainant paid Rs. 1,90,000/-. As per agreement, the flat was due to be delivered within 12 months, but due to the failure, developer to complied with the aforesaid agreement, fresh talks were held on 17.10.2014 and second agreement dated 17.10.2014 came into being. Additional payment of Rs. 1,10,000/- was made by the complainant under the second agreement, but the developer who was under the obligation to effect delivery of possession within six months, failed to do so, for which the third agreement dated 07.01.2016 saw the light of the day. It was again decided by and between them that delivery of possession will be made within 30.03.2016. But the developers failed to perform his part of the agreement, for which Belgharia P.S Case Number 1256/2016 was registered against him. On being pressurized by the Officer investing the P.S case no. 1256/2016, Op 1 refunded Rs. 1,00,000/-, but the rest part of the advanced amount i.e. Rs. 2,00,000/- still remains unpaid. The Lawyer’s letter were sent to Op 1 on 23.11.2017 demanding refund of Rs. 2,00,000/- within 15 days and in reply, request was received from the Advocate of the op 1 for the documents mentioned therein. Documents were supplied but inspite of having received those documents, Op 1 neglected to pay the balance amount for which this case has been filed. Inspite of having received notice, the Ops abstained from contesting the case by filing WV, for which the case has been heard ex parte.
3. The only point which needs to be decided in this case is whether the complainant is entitled to get reliefs sought for.
4. In support of his case, the complainant has filed evidence on affidavit, BNA and relevant documents including copies of agreement, money receipts, Advocate’s letters etc.
5. After perusing those documents, we find that there was an agreement for sale of 400 Sqft in a proposed building in between the Op 1 and the payment of Rs. 3,00,000/- was received by Op 1 out of Rs. 4,00,000/- under such agreement. It is writ large from the record that out of aforesaid sum of Rs. 1,00,000/- was refunded by Op 1. Needless to say that the proposed building was never raised and out the aforesaid sum of Rs. 3,00,000/-, Rs. 1,00,000/- was refunded when a Police Case was registered against Op 1 at the instance of the complainant. But no explanation has been evolved by on behalf of the Op 1 for non-payment of the rest amount of Rs. 2,00,000/-. Since the proposed building has not been constructed since long, an order for completion of the aforesaid construction, if passed, would be futile in our humble view. It would be justifiable if we go for issue of an order for refund of Rs. 2,00,000/- with interest, cost compensation for harassment, mental agony and pain, we think that compensation of Rs. 1,00,000/- should be imposed upon Op 1. It cannot be denied that the complainant has incur expenses of Rs. 50,000/- to proceed with the case. Therefore he will get Rs. 50,000/- on account of litigation cost.
6. Hence it is ordered that the case be and the same is allowed ex parte.
7. The Op will pay Rs. 2,00,000/- with interest @ 9% pa from the date of payment till realization within 3 months hence, failing which the amount will accrue interest @ 12% pa. He will also give Rs. 1,00,000/- as compensation and 50,000/- for litigation cost within 30 days, failing which amount will accrue interest @ 12% pa.

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