1. The Ops being owner of 2 Cattas 8 Chittaks 15 Sq.ft. of land situated at Mouza – Baranagar, Holding No. 79, R.S. Khatian No. 7060 under P.S. - Baranagar was about to start to raise construction of G+3 storied building and the complainant being in need of a flat booked a 2BHK Flat on 28.01.2019 by making payment of Rs. 14,85,000/- (Rupees fourteen lakh eighty five thousand) out of the total consideration priced at Rs. 15,00,000/-. But the Ops did not proceed with the construction work and did not fulfil the terms of agreement dated 28.01.2019 for transfer of the complete flat in favour of the complainant after accepting the balance amount of Rs. 15,000/-. After coming to know the evil design on the part of the developers cum owners the complainant issued letter to the Ops on 10.02.2021 and 01.03.2021 but those letters came back with remark of the Postal Department as “Refused” due to the dilly-dally tactics on the part of the Ops the complainant has to put up with harassment and agony and ultimately to file the present case on 20.12.2022 seeking refund, compensation of Rs. 5,00,000/-, interest @ 18% and also for other equitable reliefs.

2. The Ops did not file any written version to contest the case for which the case was heard ex-parte in support of his case, the complainant has filed (a) Evidence on affidavit, (b) BNA, (c) money receipts and (d) copy of agreement etc. Those documents being unchallenged may be supposed to carry impeccable evidentiary value and from those documents it is abundantly clear that payment of Rs. 14,85,000/- was paid by the complainant towards a purchase of a flat from the Ops.

3. It is quite transparent from the material on record that the Ops who received money from the complainant with an assurance to provide him with a flat took a recessive stance altogether and did not come forward with a re-counter case as against the complainant. Silence on the part of the Ops speaks volumes for the genuineness of the case of the complainant. Money receipts coupled with copy of agreement and evidence of the complainant are sufficient to prove that Rs. 14,85,000/- was collected by the Ops from the complainant and the complainant paid such a voluminous amount with a hope that he would get a flat of newly constructed building. But the building was never constructed for which the complainant fell prey to a state of despair. Even the Ops abstained from coming in terms with the complainant when the question of refund arose. What the Ops have done in this particular case surely come within the ambit of unfair trade practice for which the complainant was bound to go through state of uncertainty and agony. There should therefore be an order asking the Ops to return the paid amount to the complainant with interest, compensation and cost. The rate of interest maybe fixed at 10% and the amount of compensation maybe fixed at Rs. 3,00,000/-. The complainant would also get Rs. 25,000/- on account of litigation cost.

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

1. The Ops will return Rs. 14,85,000/- (Rupees fourteen lakh eighty five thousand) with interest @ 10% per annum with effect from the date of making last payment i.e. 03.06.2020 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. 3,00,000/- as compensation and Rs. 25,000/- as litigation cost totalling Rs. 3,25,000/- within a period of 45 days hence, failing which the amount will accrue 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