1. The Ops being developers floated a housing project named as “Evanie Eco Nest” at New Town, Rajarhat and the complainant being in need of a dwelling unit applied on 22.08.2017 for a flat measuring about 536.63 Sq.ft. along with a car parking space priced at Rs. 15,30,842/- (Rupees fifteen lakh thirty thousand eight hundred forty two) and paid Rs. 6,27,912/- (Rupees six lakh twenty seven thousand nine hundred twelve)  +  Rs. 16,200/- (Rupees sixteen thousand two hundred). Accordingly the said property was allotted to the complainant with certain terms and conditions. But the said housing project never saw the light of the day and on being asked the Ops refunded only Rs. 4,00,000/- and the cheque issued by the Ops for the balance amount of Rs. 2,27,912/- was dishonored. The complainant sent letter to the Ops on 11.04.2019 asking for refund of Rs. 2,27,912/-. But the said letter went unheeded for which he has filed this case on 24.03.2021 for refund of Rs. 2,27,912/- with interest and also with compensation of Rs. 50,000/- in addition to litigation cost.

2. The Ops have not filed W/V within time to contest the case, for which the case was heard ex-parte.

3. In support of his case the complainant has filed (a) Evidence on affidavit, (b) Copy of newspaper containing advertisement for the project, (c) Copy of money receipt, (d) Copy of application for the flat with car parking space, (e) Copy of letter dated 25.04.2015 addressed to the complainant and (f) Copy of advocate’s letter, dated 11.04.2019. For not being challenged by the other side those documents certainly carry unfettered evidentiary value. It is palpably clear from those unchallenged documents that Rs. 6,27,912/- was paid by the complainant for the flat along with car parking space in pursuance of the terms and conditions set by the developers for the housing project. It is also apparent therefrom that Rs. 4,00,000/- were returned to the complainant by the Ops. From the letter dated 25.04.2015 which was sent by the Ops it is evident that the Ops have acknowledged the claim of the complainant relating to the balance amount of Rs. 2,27,912/-. Therefore, the Ops are under obligation to return the outstanding amount of Rs. 2,27,912/-. The complainant will get an order directing the Ops to pay Rs. 2,27,912/- with interest @ 10% per annum. Keeping in view the volume of the unpaid amount, the length of the period of sufferance and the nature of deficiency on the part of the Ops in rendering service, we find reason to say that the Ops will pay a sum of Rs. 20,000/- on account of compensation to the complainant. The complainant would also get Rs. 5,000/- on account of litigation cost.

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

1. The Ops will pay Rs. 2,27,912/- with interest @ 10% per annum with effect from 01.09.2017 till realization within a period of 45 days hence, failing which the amount will carry interest @ 12% per annum.
2. The Ops will also pay Rs. 20,000/- as compensation and Rs. 5,000/- as litigation cost totaling Rs. 25,000/- to the complainant within 45 days hence, failing which the amount will carry 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