HON’BLE SUDIP NIYOGI PRESIDENT FACTS The case of the complaint in short is that: - The Complainant being a senior citizen had entered into an agreement with the OPs on 29.12.2015 for buying one piece of land measuring about three cottahs situated in Mouza – Bagu, under L.R. Dag No.58, under L.R. Khatian No.247,328,579,581 & 582, J.L. No.52, under P.S.- Rajarhat, District: - 24 – Parganas (North) which has been specifically mentioned in the schedule to the petition of complaint at a consideration of Rs.3,90,000/-. The said OPs were to develop the said land providing various facilities like drains, electricity, park, lake etc, in the said housing project. It was agreed in the said agreement that the construction would be completed within 35 months from the date of execution of the said agreement and if the said project is not completed within the said period, a further period of three months would be given. But if OPs failed to complete it by that time, the entire amount of money would be refunded to the Complainant. It is alleged that the OPs could not complete the said project and neglected to hand over the possession of the said plot to him. So he requested them to refund the deposited amount of Rs.3,90,000/- along with interest. As OPs did not comply with his request, he filed the instant complaint praying for refund of the amount deposited by him and also compensation and cost of litigation. OP No.1 filed one written version but subsequently no steps were taken on their behalf and the instant complaint against OP No.2 & 3 was heard ex parte vide order dated 02.03.2023. The point for consideration is whether the complainant is entitled to relief (s) as prayed for. FINDINGS Complainant filed his evidence on affidavit through his constituted attorney Sourabh Dey and also documents namely the agreement entered into by him with the OPs dated 29.12.2015, several money receipts, one copy of letter were issued by the Complainant requesting for refund of money receipts etc. From all these documents, it is found that the agreement was between the Complainant and the OPs for sale of the schedule plot to the Complainant at a consideration of Rs.3,90,000/-. But even after the stipulated period elapsed, the OPs could not complete the project. That is why the Complainant asked the OPs to refund of his money. This apart, the money receipts revealed that by way of instalments he paid the entire consideration of Rs.3,90,000/- to the OPs. In their written version it was stated by OP No. 1 that the deed of conveyance in respect of the said plot of land was executed and the physical possession was also handed over with full satisfactory within the specified time. But Complainant subsequently started making false and fabricated stories and requested to return the consideration amount. However, they agreed to return the amount to the Complainant on condition to cancel the deed of conveyance which was executed in his favour. OP No.1 could not substantiate their claim about execution of the deed of conveyance and handing over the possession to the complainant with cogent evidence. Moreover, it is also not the case of the complainant what the OP No. 1 claimed in their written version and his case is found to be the just opposite to the said claim of OP No. 1. Apart from that, we find from the annexure i.e. email communication dated 7th May, 2021 from the OPsthat OPs agreed to pay back the amount paid by the complainant and requested the complainant for cancellation of the agreement of sale executed and registered between the parties. Thus, having gone through the materials on record and evidence produced on behalf of the Complainant, we opined that he is entitled to get back the amount of consideration of Rs.3,90,000/-along with interest @9% p.a.on the amount from the date of last payment which is 29.11.2018 until realization. Complainant is also entitled to Rs.3,000/- towards cost of litigation. Accordingly it is ORDERED That the instant complaint be and the same is allowed on contest against OP No. 1 and ex parte against OP No.2 & 3. The OPs are directed to pay Rs.3,90,000/- (Rupees Three Lakh Ninety Thousand Only) along with interest 9% p.a. from 29/11/2018 to the complainant. OPs are also to pay Rs.3,000/- (Rupees Three Thousand Only) towards cost of litigation to the Complainant. OPs who are jointly and severally liable, are directed to pay the said amount within 45 days from the date of this order, failing which the awarded sum shall carry interest @12% p.a. until realization. If the abovesaid order is not complied with by the OPs, the Complainant shall be at liberty to realize the same in accordance with law. Dictated and corrected by me President | 
