1. The OP is the developer in respect to Econest Housing Project slated to be raised in Mouza – Hudarait, PO – Akanda Kishori, PS – Rajarhat, District – North 24 Parganas and the complainant being moved by the advertisement made by the developers wanted to purchase a flat in Econest Housing Project. He selected a 2BHK flat measuring about 490.3 Sq.ft. on the 4^th Floor of the housing project at price of Rs. 14,15,944/- (Rupees fourteen lakh fifteen thousand nine hundred forty four). Accordingly he paid a sum of Rs. 3,94,548/- (Rupees three lakh ninety four thousand five hundred forty eight) and accordingly money receipts were granted by the developers in favour of the complainants. But the said housing project did not see the light of the day and the developers also failed to keep their promise as to transfer of the agreed flat within stipulated time. Even they did not refund the paid amount in spite of several requests being made by the complainant for that end. This is why the complainant has filed this case against the developers seeking direction for delivery of possession coupled with execution and registration of sale deed or in the alternative for refund of the paid amount with interest, compensation and cost.

2. The OPs filed W/V and questionnaire with reference to the evidence adduced by the complainant. But they did not file any evidence utilising the scope extended to them by this commission. On the other hand, the complainant has filed the following documents in support of his case :-

3. At the very outset, it may be pointed out that none of the documents filed by the complainant has been challenged by the other side on any ground whatsoever.  Therefore, those unchallenged documents carry much evidentiary value basing upon which this Commission can arrive at relevant finding. It is, however admitted position that the concerned housing project was not fully constructed by the developers for some unknown reason. The developer failed to keep their promise to cause delivery of flat to the complainant - although money was collected by them from him with promise to provide him with flat. The complainant is one of them. Finding no other alternative the complainant also sent letter to the OPs cancelling the deal and asking for refund of the paid amount. But the refund has not so far been made. The OPs are under obligation to make refund of the paid amount to the complainant. There should be an order for refund

4. For unethical and unscrupulous method for collecting money as adopted by the developers the complainant, - like other customers – had to put up with pain, agony, uncertainty and harassment for years together. This is why he is entitled to get some compensation from the OPs and the amount of compensation may be worked out at Rs. 50,000/-. The complainant is also entitled to a sum of Rs. 25,000/- as litigation cost.

5. Hence, it is ordered, that :-

     the case be and the same is allowed with cost of Rs. 25,000/-. The OPs will pay Rs. 3,94,548/- with interest @ 10% per annum from the date of payment till realization within a period of 45 days hence, failing which the amount will accrue interest @ 12% per annum.

They will also pay compensation of Rs. 50,000/- and litigation cost of Rs. 25,000/- totalling Rs. 75,000/- within a period of 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