1. The Ops launched a bungalow project at Mouza – Bajetaraf under P.S. – Rajarhat in the District North 24 Parganas towards the beginning of 2018 and the complainant being in need of a dwelling unit booked a residential bungalow on 4 Cottahs land with covered area of 2700 Sq.ft.in the said project by making payment of Rs. 5,60,000/- on 26.02.2018. On his application dated 01.03.2018 an allotment letter was issued by the Ops on 12.04.2018 and agreement for sale was made on 14.04.2018. Further payment of Rs. 62,45,816/- was made through online on 12.04.2018 and Rs. 3,18,600/- was also coughed up for electricity charges shortly thereafter. Thus the total payment made by the complainant for the booked dwelling unit came to Rs. 71,24,416/-. The price of the dwelling unit inclusive of all facilities was fixed at Rs. 1,82,70,000/- (Rupees one crore eighty two lakh seventy thousand). But the complainant could find no progressive in the construction work at the proposed site for which he wanted to back out under intimation to the Ops. Cancellation letter was also sent to the Ops to get the agreement and allotment cancelled. Since the Ops have neither refunded the paid amount nor made delivery of booked dwelling unit within 24 months from the date of allotment following the terms of agreement the complainant had to file this case on 02.11.2020 seeking refund of the paid amount of Rs. 71,24,416/- with interest and also for compensation of Rs. 5,00,000/- and litigation cost of Rs. 50,000/-.

2. The Ops filed written version on 11.02.2021 with a view to contest the case. But actually skipped the next stages of the proceeding. Consequently neither any questionnaire touching upon the evidence of the complainant nor any evidence on affidavit was filed on behalf of the Ops. Again the W/V appear to be full with mere denials. The case has practically been heard ex-parte.

3. In support of his case the complainant has filed (a) Evidence on affidavit, (b) copy of allotment letter, (c) copy of agreement, (d) money receipts and (e) BNA etc. Those documents have gone unchallenged for which they may be presumed to carry unfettered evidentiary value. It is apparent from the material on record that Rs. 71,24,416/- was paid by the complainant to Ops towards the purchase of the booked bungalow. It is also found from the record that no part of the paid amount has been refunded by the Ops. There appears nothing from the record to suggest that bungalow project launched by the Ops has ever seen the light of the day. The Ops who collected money from the complainant with an assurance that the booked bungalow would be handed over within 24 months from the date of allotment appears to be guilty of unlawful trade practice. It goes without saying that many prospective buyers coughed up huge amount with a belief that they would get dwelling unit and the Ops who collected money from them with an assurance for providing them with flats turned blind eyes to them after gap of sometime. They utilized the collected money for their own benefits and therefore they would compensate the prospective buyers including the complainant. Ops should be put under direction to return Rs. 71,24,416/- with interest @ 10% per annum with effect from 12.04.2018(the date of making second payment). They would also pay a sum of Rs. 4,60,000/- on account of compensation to the complainant. The complainant will also get from them a sum of Rs. 40,000/- on account of litigation cost.

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

1. The Ops will return to the complainant a sum of Rs. 71,24,416/- with interest @10% per annum with effect from 12.04.2018 till realization within a period of 45 days hence, failing which the amount will accrue interest @ 12% per annum.
2. The Ops will also pay Rs. 4,60,000/- as compensation and Rs. 40,000/- as litigation cost totaling Rs. 5,00,000/- within a period of 45 days hence, failing which the amount will incur 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