1. The OPs being developers launched a housing project named as “Evanie Eco Nest” in Chandpur Gram Panchayat area under P.S.-Rajarhat in North 24 pgs and made an advertisement of the said project inviting applications for the intending buyers for purchasing of flats. On being attracted to the said advertisement the complainant who had the need of a dwelling units visited the office of the OPs and selected a flat measuring about 635.63 sq.ft. along with car parking space priced at Rs. 15,55,144/- and entered into an agreement with the developers on 16.03.2018 for purchase of the said flat. Payment of Rs. 4, 35,440/- under the aforesaid agreement was made in favour of the OPs. But the OPs dropped the project for which refund was sought for by the complainant. Since the request for complainant’s request for refund was not entertained properly by the developers this case has been filed by the complainant seeking direction upon the OPs for refund with interest, compensation and cost.
2. The OPs who initially displayed interest to proceed with the case practically skipped thereafter every stage of proceedings for reasons best known to them. This is why the case has practically been heard ex parte. Be that as it may we are to arrive at a decision as to whether the complainant’s case seeking direction upon the OPs for refund for compensation, interest and cost should be allowed or not.
3. In support of his case, the complainant has filed evidence-in-chief, the copy of agreement dated 16.03.2018. It is embodied in the agreement that Rs. 4, 35,440/- was paid by the complainant for the said flat and no part of the agreement has sustained any challenge from the other side. Therefore, we can safely rely upon the agreement in its entirety needless to say that Rs. 4, 35,440/- was received by the OPs from the complainant with an assurance that he would be brought for a flat of “Eco-Nest” housing project which was abundant by the OPs at the very inception.
4. The OPs who received a sum of Rs. 4, 35,440/- with promise to hand over the flat under a valid deed is obligated to refund the same on account of their failure to raise construction of the housing project. The complainant has been suffering mental and physically since after 16.03.2018 with the oblique intention on the part of OPs would certainly get a sum of compensation from the OPs. In view of the amount of harassment, agony and anxiety as expectedly underwent by the complainants and the length of his sufferance the amount of compensation may be fixed at Rs. 60,000/-. An order as to refund should be placed with an order for payment of interest @10%p.a. Surely the complainant had to part with some money for payment to his Advocate and for other litigation related against and for which he will get a consolidated amount of Rs. 25,000/- on account of litigation.

The case is thus disposed of with the following directions:-

1. The OPs will return to the complainant Rs. 4, 35,440/- with interest @10%p.a. with effect from 16.03.2018 (i.e. to say from the date of agreement) till realisation within a period of 45 days hence failing which the amount will accrue interest @12%p.a.
2. The OPs will also pay Rs. 60,000/- as compensation and as litigation Rs. 25,000/- totalling Rs. 85,000/- within 45 days hence failing which the amount will also 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 MR. Lakshmi Kanta Das]
PRESIDENT