FACTS The case of the Complainant in short is that in order to buy a residential flat, Complainant and OP made an agreement for sale on 24.07.2022 whereby it was agreed that OP would sale a flat measuring 250 sq. ft. in the 2nd floor at premises No.43/H/19, Chaulapatty within P.S.-Beleghata, Kolkata – 700010 at a consideration of Rs.5,50,000/-. Accordingly, Complainant already paid Rs.2,70,000/- by making payment on different dates. It is alleged that the construction work has not been started even ; Complainant issued a legal notice to the OP in this regard. So, in a compelling circumstances, the Complainant filed this complaint praying for delivery of peaceful possession on due completion of the said flat. She also prays for compensation and cost of litigation. OP appeared and contested this case by filing a written statement and adducing evidence. POINT FOR CONSIDERATION Whether the complainant is entitled to get relief as prayed for? FINDINGS Both the parties have filed their respective evidence, also exchanged their questionnaire and replies thereto. We have also gone through the evidence and other materials on record. From the written version and evidence of the OP, it is found that he took a plea, the property that is the land on which the construction would be made is a ‘Thika Land’, and that is why the instant complaint is not maintainable. We find that an agreement for sale of flat on ownership basis was executed between the parties, which is dated 24.07.2015. OP has not denied the existence of such an agreement which is found to have been signed by both the parties. From the documents, we find that the Complainant paid Rs.2,70,000/- towards consideration of the said flat and the OP has not specifically denied this. During argument and also in the brief notes of argument, the Complainant has made an alternative prayer for refund of the entire amount along with interest and compensation etc. Considering the facts and circumstances of the case and hearing the contentions of both the parties and the argument made on behalf of the Complainant, (no BNA has been filed on behalf of the OP.) We are of the opinion that an order directing refund of the advance amount of consideration along with interest should be made in favour of the Complainant. This apart, she is also entitled to cost of litigation. Hence it is, ORDERED That the instant case be and the same is allowed ex parte against the OP. OP is directed to refund Rs.2,70,000/- (Rupees Two Lac Seventy Thousand only) along with interest @ 10%p.a. to the complainants, until realization in full from the date of last payment, i.e. 14/05/2017 OP is also directed to pay Rs.5,000/- (Rupees Three Thousand Only) towards cost of litigation. OP is to make the aforesaid payment within 45 days from the date of this order, failing which the Complainant shall be at liberty to proceed in accordance with law. Dictated and corrected by me. | 
