1. The OPs are the developers of Dharitri Bliss Valley Project which was launched in New Town, Action Area – 3, Kolkata – 700135 and the project was meant for providing the purchaser with bungalow for valid consideration.
2. The complaints who was in need residential accommodation in Kolkata wanted to purchase bungalow being No. E – 37 in the aforesaid bungalow project and made payment of Rs. 2,91,200/- on 10.10.2017 by two cheques being Nos. 952565 and 952564 and Rs. 2,01,600/- on 07.11.2017 by Cheque being No. 952566 and got an allotment of the aforesaid bungalow from the OPs but the said bungalow project never saw the light of the day, for which after waiting for a considerable period the complainants asked for refund of Rs. 4,92,800/- in August, 2019 in response to that the OPs wanted to allot 1BHK Flat measuring about 437 Sq.ft.  in Dharitri Titanium Project in Madhyamgram. But the complainants refused to budge in January, 2020.
3. The complainants sent notice/letter to the OPs demanding refund of Rs. 4,92,800/-. The Ops kept on taking time but ultimately did not refund anything, for which the complainant filed this case on 26.07.2021 seeking various reliefs including a refund, compensation, cost etc.
4. The ops entered appearance but did not file any Written Version. But the Ld. Advocate of the Op was heard to advance argument when the case was at the stage of hearing argument. But not a scrap of paper has been filed by the OP. On the other hand the complainant has, in support of his case, filed evidence on affidavit, copy of legal notice dated 05.02.2021, the copies of money receipts for Rs. 2,91,200/- + Rs. 2,01,600/-, copy of agreement dated 19.04.2018 which was signed by the developers and the complainants relating to the transaction made by the complainant in favour of the OPs. BNA has also been filed by the complainant.
5. Now the only point which needs to be decided in this case is whether the complainant is entitled to the reliefs sought for or not.
6. It is admitted fact that the OPs launched a bungalow project in the name of Dharitri Bliss Valley Project in New Town, Rajarhat, and with a view to sell bungalow to the prospective purchasers they made agreements with them and also collected money from them. It is also admitted that for such purpose they entered into agreements with them in 2018/2019. As we all know, that the said bungalow project never saw the light of the day. Those who invested money in the said bungalow project have filed cases against OPs seeking refund. The complainants’ case is one of the same. From the documents filed by the complainant it is abundantly clear that for purchasing a bungalow in the said bungalow project the complainants paid Rs. 4,92,800/- to the OPs and has not yet got back any part of the invested amount. It is obvious from the material on record an alternative proposal for sell of a flat to the complainant in another housing project was given by the OPs to which the complainants did not agree.
7. Since the purpose, for which money was advanced by the complainant, did not take a shape the complainant has every right to seek for refund. Since the complainant lost interest of Rs. 4,92,800/- on and from 07.11.2017 the OPs have liability to pay interest and compensation to the complainant.
8. Needless to say that the complainant has suffered mental agony and pain and had to run from pillar to post from 2019 to 22.07.2021 for getting back the aforesaid money. He, therefore entitled for the compensation of Rs. 50,000/-. He is entitled to litigation cost amounting to Rs. 25,000/-.
9. Hence it is ordered that :-

     the case be and the same is allowed, apparently on contest with cost of Rs. 25,000/-. The OPs will pay Rs. 4,92,800/- with interest at the rate of 10% per annum with effect from 07.11.2017 within 30 days hence, failing which the amount will accrue interest at the rate of 12% per annum. The OPs will also pay Rs. 50,000/- + Rs. 25,000/- (compensation and litigation cost) within 30 days hence, failing which the amount will accrue interest at the rate of 12% per annum.

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