Case of the complainant in brief is that the complainant being attracted by the advertisement of the OP applied for one 2BHK apartment measuring about 535.63 sq.ft. at Rajarhat, North 24 pgs vide application no. EEN003501 dated 16.10.2017 at an total consideration amount of Rs. 16,40,844/- paid an amount of Rs. 2,00,000/- vide cheque no. 452100 dated 16.10.2017 to the OP receiving which the OP acknowledge the same vide voucher no. 1002 dated 16.10.2017 and the complainant further paid an amount of Rs. 70,000/- on 24.12.2017 which was acknowledged by the OP on 24.12.2017. It is stated in the petition of complaint that the complainant also applied for one commercial space measuring about 300 sq.ft. vide application no. EEN004066 dated 27.01.2017 and out of the total consideration amount of Rs. 16, 50,000/- he paid an amount of Rs. 1,00,000/- vide cheque no. 312102 dated 22.02.2018 receiving which the OP acknowledged the same vide voucher no. 2047 dated 27.01.2018 and an amount of Rs. 1,77,200/- was paid vide chqeue no. 312101 dated 22.01.2018 receiving which the OP acknowledged the same vide voucher no. 2048 dated 27.01.2018 and further an amount of Rs. 50,000/- was paid on 23.03.2018 receiving which the OP acknowledged the same on 24.03.2018. It is further stated in the petition of complaint that the complainant also applied for one BHK apartment with Evanie Eco-Nest vide application no. EEN003993 dated 21.12.2017and paid an amount of Rs. 50,000/- vide cheque no. 329003 dated 21.12.2017 receiving which the OP acknowledge the same vide voucher no. 1728 dated 21.12.2017. It is further stated in the petition of complaint that OP assure the complainant to complete the said project within the mid of 2019 and will be handed over the possession of the aforesaid flats. It is stated by the complainant that till date he paid total amount of Rs. 6, 47,200/- to the OP. It is further stated by the complainant that after lapse of 5 years the OP neither started any construction work, 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. 40,000/- to the complainant but till date Rs. 6,07,200/- is still  remained unpaid for which the complainant files this case praying for direction upon the OPs to refund the outstanding amount of Rs. 6,07,200/- along with interest and to pay compensation of Rs. 5,00,000/- 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

The complainant Sangita Dey filed money receipts to prove her case from where it appears that she paid Rs. 2, 00,000/- on 16.10.2017, Rs. 1, 77,200/- on 22.01.2018, Rs. 1, 00,000/- on 22.02.2018, Rs. 50,000/- on 23.03.2018, Rs. 50,000/- on 21.12.2017 and Rs 70,000/- on 24.12.2017, totaling Rs. 6,47,200/- out of which Rs. 40,000/- was refunded by the OP. Therefore, the complainant will get Rs. 6, 07,200/-.

The letter dated 24.03.2022 sent by the Ld. Advocate of the complainant proves that Rs. 6, 07,200/- is lying with the OP and through this letter the complainant requested the OP to refund the same. Since the amount which is paid by the complainant has not been refunded by the OP, nor the OP delivered the possession of the flats booked by the complainant till date that amounts to deficiency in service on the part of the OP. Further the paid amount is still lying with the OP, hence, the OP is liable to pay interest in the form of compensation to the complainant and since inaction of the OP compelled the complainant 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 with interest @ 6%p.a. from the date of receiving till realization 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