1. With a view to purchase a flat measuring about 900 Sq.ft. in Block – 3 in 5^th Floor at a consideration of Rs. 33,40,000/- (Rupees thirty three lakh forty thousand) in “Dharitri Universia Housing Project” at Rajarhat of the Ops the complainants advanced a sum of Rs. 6,68,000/- (Rupees six lakh sixty eight thousand) in four installments by 01.03.2017. They got allotment letter from the Ops on 26.02.2017 and 02.05.2017 for the said property.

2. On being asked by the complainant, the Ops clarified on 22.12.2017 under a letter addressed to the complainants that possession would be handed over before January, 2018. But the Ops were found not to take any initiative in the matter of raising construction of Dharitri Universia Housing Project. In January, 2020 the complainant made a visit to the proposed site and found no traces of construction, for which they sent letter for cancellation dated 28.01.2020 seeking refund. Since the Ops neglected to return the paid amount in obedience to the aforesaid letter dated 28.01.2020 the complainants have filed this case on 12.03.2021 for refund with compensation and cost.

3. Even after entering appearance in response to the notice served upon them the Ops did not file W/V within time to contest the case for which the case has been heard ex-parte.

4. In support of their case, the complainants have filed (a) Copies of allotment letters dated 26.02.2017 and 02.05.2017, (b) BNA, (c) Application dated 28.1.2011 for refund of the paid amount which was sent by the complainant, (d) Copy of cancellation letter, dated 28.01.2020 and (e) Money receipts. Those documents have gone unchallenged, for which they are supposed to carry impeccable evidentiary value.

5. From the material available on record inclusive of the aforesaid documents it is clearly evident that payment of Rs. 6,68,000/- was made by the complainant to the Ops under an allotment letter for buying a flat in “Dharitri Universia” from the Ops. Since the said housing project was not taken up by the developers seriously driving it to see the light of the day, the complainant requested the Ops for refund of the paid amount. The letter dated 28.01.2020 is sufficient to indicate that the allotment of the flat issued on 26.02.2017 and 02.05.2017 was cancelled on the application of the complainants. The complainants did so finding no other way out. Needless to say that the complainants’ money to the tune of Rs. 6,80,000/- has been under the possession of the Ops since the date of payment. It is obvious that the Ops being realtors collected money from the prospective buyers with promise to provide them with flats in “Dharitri Universia”. But they did not raise construction of the said housing project for the reasons best known to them. Be that as it may, the Ops who are utilizing complainants’ money since before 01.03.2017 is undoubtedly under obligation to return the same to the complainants with interest. The rate of interest may be fixed at 10% per annum. Since the Ops have made them to suffer mentally and financially on and from 01.03.2017 is obligated to compensate them and the amount of the compensation in view of the extent of harassment and agony undergone by the complainants may be fixed at Rs. 70,000/-. The complainants will also get a sum of Rs. 20,000/- on account of litigation cost.

6. The case is thus disposed of with the following direction :-

1. The Ops will return Rs. 6,80,000/- to the complainants with interest @ 10% per annum with effect from 01.03.2017 till the realization within the period of 45 days hence, failing which the amount will accrue interest @ 12% per annum.
2. The Ops will pay to the complainants Rs. 70,000/- as compensation and Rs. 20,000/- as litigation cost totaling Rs. 90,000/- within a period of 45 days hence, failing which the amount will accrue interest @ 12% per annum.

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