Hon’ble Mrs. Soma Bhattacharjee, Member

          CC/370/2019 has been filed  by Moloy Dutta Gupta and Smt. Swarupa Dutta Gupta Complainants against Lord Realty Pvt. Ltd. represented by its Director Md. Anwar Azim. Complaint is valued at Rs. 25,30,905/-.

          The facts of the case in a nutshell are the OP advertised in a newspaper. His intention to construct and sell flats on the schedule property. Based on this advertisement the complainants executed one agreement for sale dt. 29.04.2015 for purchase of one flat and an advance of Rs. 2,00,000/- was paid by an A/c payee cheque vide no. 004219 drawn on Axis Bank. The developer acknowledged the payment and issued a money receipt in favour of the complainants. Subsequently, the complainants made several payments to the developer. He paid 12 instalments each of Rs. 60,667/- to the developer. Photocopies of all money receipts have been annexed with the complaint. The complainants approached the developer to handover delivery of possession and registration of the suit property after making the balance payment to him. On 21.09.2017 the complainant sent a notice to the developer cancelling the agreement and demanding refund of consideration money paid to the developer. On not receiving any response to the notice sent to the developer, the complainant sent several emails to the developer but to no avail.

          Then the complainants approached the mediation cell of Consumer Affairs Department, West Bengal for amicable settlement of the matter. However, the developer did not respond to the summons issued by Consumer Affairs Department. Finally the complainants filed CC/970/2019 before SCDRC. Cause of action arose on 21.09.2017 when the OP refused to refund the consideration amount received from the complainant.

         The OP did not enter appearance although affidavit of service was filed by the complainants. Neither did he file W.V. Hence the case proceeded ex parte and the argument was heard ex parte and considered.

         The complaint petition and the annexures were considered. The description of that property is as follows: all that one demarcated land measuring 2880 sq. ft. being unit no. B08 within zone 9, Dag No. 392, J.L. No. 108 within Mouza Sangur P.S. Sonarpur, District South 24 Parganas.

          Since the developer had accepted consideration money from the complainants for handing over the flat in the schedule premises the complainants are consumers in terms of C.P. Act, 1986. The developer has failed to deliver the property as per the agreement signed and is therefore deficient in service. The complainants are entitled to relief as prayed for.

        The complaint case CC/970/2019 is allowed ex parte. The developer is directed to refund the consideration amount of Rs. 9,33,337/- along with compensation @ 4% simple interest from date of payment of each instalment till date of realisation.   The developer will comply with this order within the period of 60 days from this order.

         The Opposite Party is further directed to pay Rs. 10,000/- towards legal expenses to the complainants within 60 days of this order.

         If the OP fails to comply with the order, the complainant will be at liberty to put this order into execution.

         Accordingly, CC/970/2019 is allowed and disposed of. Free copies of this order be supplied to all parties.