Case of the complainant in brief is that the complainant being attracted by the advertisement of the OP applied for one 1BHK apartment at Rajarhat, North 24 pgs vide application no. EEN003994 dated 21.12.2017 and accordingly paid an amount of Rs. 50,000/- vide cheque no. 329002 dated 21.12.2017 to the OP, receiving which the OP acknowledge the same vide voucher no. 1729 dated 21.12.2017. It is stated in the petition of complaint that OP assured the complainant to complete the said project within the mid of 2019 and would be handed over the possession of the aforesaid flat. It is stated by the complainant that after lapse of 5 years the OP neither started any construction work of the project, nor he gave any explanation for such delay. Hence .the complainant cancelled the booking of the flat and requested the OP to refund the booking amount along with interest and compensation. After several requests made by the complainant the OP refunded Rs. 20,000/- to the complainant but till date Rs. 30,000/- remains outstanding for which the complainant files this case praying for direction upon the OPs to refund the outstanding amount of Rs30,000/- along with interest and to pay compensation of Rs. 2,00,000/- and litigation cost.

Notice was served upon the OP in spite of that none appeared on behalf of the OP. Hence the case was proceeded ex parte against the OP vide order no. 3 dated 25.07.2022

Decision with reasons

 To prove her case the complainant, Sharmistha De filed money receipts from where it appears that she paid Rs.50, 000/- on 21.12.2017 to the OP-developer.

It is stated by the complainant that OP refunded Rs20, 000/- to the complainant.Therefore, Rs30,000/- is to be refunded by the OP. The letter dated 24.03.2022 sent by the Ld. Advocate of the complainant to the OP proves that Rs. 30,000/- is lying with the OP and through this letter the complainant requested the OP to refund the same. Since the amount was paid by the complainant has not been refunded by the OP and the OP did not deliver the possession of the flat booked by the complainant within time that amounts to deficiency in service on the part of the OP. Further the paid money is lying with the OP they are liable to pay interest in the form of compensation to the complainant and since inaction of the OP compelled to file this case the OP is liable to pay the litigation cost.

In the result, the complaint case succeeds.

Hence, it is,

               Ordered

that the complaint case being no. 191 of 2022 is allowed ex parte against the OP. The OP is directed to pay Rs. 6, 07,200/- to the complainant along interest @ 6%p.a.in the form of compensation to the complainant and also pay Rs. 10,000/- as litigation cost to the complainant within 45 days from this date of order failing which the entire amount shall 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 MRS. Sagarika Sarkar]
MEMBER