1. The Ops floated a housing project named as “Dharitri Icon” within the Gram Panchayat Longolpota, Metiagancha in the District of North 24 Parganas and the complainants having need of a dwelling unit selected a 1BHK flat measuring about 350 Sq.ft. along with covered car parking space priced at Rs. 9,50,000/- (Rupees nine lakh fifty thousand) in the said housing project. Booking was done on 01.02.2018 by making payment of Rs. 2,00,000/- (Rupees two lakh) by cheque. Again on 15.02.2018, another installment of Rs. 50,000/- (Rupees fifty thousand) was paid. Allotment letter was issued on 13.07.2019 in respect to the aforesaid flat in favour of the complainants and on 21.10.2019, an agreement for sale was executed. But the project was stopped by the Government of West Bengal over the issue of “Power Grid” and the project was left in abandoned condition. Thereafter, on 25.08.2020 on being asked by the complainants, the Ops talked about the relocation of the project and assured them that they would get a flat in a new project named as “Royal Enclave”. The said proposal could not satisfy the complainants for which the complainants sought for refund of Rs. 2,50,000/- by sending a letter dated 04.02.2021. Since the request of the complainants for refund was not complied with, this case was filed by the complainants on 30.09.2021 seeking refund of the paid amount together with compensation, interest and cost.

2. The Ops, after having received, the copy of notice about the complaint, entered appearance and filed written version to contest the case. But they really skipped the subsequent stages of the proceeding for which the case was practically heard ex-parte.

3. In support of their case, the complainants have filed (a) evidence on affidavit, (b) agreement for sale, (c) money receipt, (d) copies of letter, (e) BNA. The documents filed by the complainants have gone unchallenged for which they may be supposed to carry impeccable evidentiary value. From the documents on record, it is crystal clear that Rs. 2,50,000/- was advanced by the complainants to the Ops under a valid agreement for sale for getting a flat together with a covered car parking space. It is also quite clear from the material on record that the Dharitri Icon Housing Project was left in abandoned condition and the said project did not get the scope of seeing the light of the day. Fact remains that the Ops collected money from the prospective buyers with an assurance that they would be provided with flat in Dharitri Icon Housing Project and they have utilized their money since the date of collection without keeping the assurance given to them. As a matter of fact, they have unjustly utilized the money of the prospective buyers only for their own benefits. They are surely guilty of unlawful trade practice. They have no right to retain the money received from the complainants under such a situation.

4. Shortly after 15.02.2018 it came to the knowledge of the complainants that Dharitri Icon Housing Project would not see the light of the day for which they demanded refund of the paid amount. For making unlawful gain, the Ops have detained themselves from returning the paid amount to the complainants. On the other hand, the complainants had to run from pillar to post for getting back the paid amount. The harassment, mental agony and mental loss to which the complainants was subjected know no bound for which the complainants are entitled to compensation. Keeping in view, the amount of harassment and agony of the compensation amount may be fixed at Rs. 50,000/-. The Ops should be put under order to return the paid amount with interest with effect from 15.02.2018 (when the last payment was made). The rate of interest may be fixed at 10% per annum. Litigation cost amounting to Rs. 25,000/- may be levied upon the Ops.

5. The case is thus disposed off with the following direction :-

1. The Ops will return Rs. 2,50,000/- (Rupees two lakh fifty thousand) to the complainant with interest @ 10% with effect from 15.02.2018 till realization within a period of 45 days hence, failing which, the amount will accrue interest @ 12% per annum.

2. The Ops will also pay Rs. 50,000/- as compensation and Rs. 25,000/- as litigation cost totalling Rs. 75,000/- 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