Case of the complainant in brief is that the complainant entered into an agreement for sale with OP-developer in 2018 for a 2BHK flat measuring 600 Sq.ft. super built up area at the “Royal Enclave” project situated at Mouza – Hudrait, under P.S. – Rajarhat, Chandrapur Gram Panchayat, District – North 24 Parganas at a total consideration amount of Rs. 18, 00,000/- out of which the complainant paid Rs. 5, 00,000/- on 22.07.2018 to the OP. But after a lapse of 4 to 5 years the complainant could not find any progressive development work in the said project for which he is requested the Ops to refund the paid amount. Thereafter, the complainant has received an amount of Rs. 20,000/- on 28.07.2020 and Rs. 30,000/- on 23.09.2020. But the remain balance amount is still lying with the OP 1 to OP 3. On several occasions, the complainant requested the aforesaid Ops to refund the balance amount but OP did not turn up. On 09.12.2021, the complainant sent his Advocate’s letter to the OPs requesting to refund an amount of Rs. 4, 50,000/- but all were in vain. Finding no other alternatives, the complainant files this case praying for direction upon the Ops to refund Rs. 4,50,000/- with interest and to pay compensation of Rs. 3,00,000/- and litigation cost of Rs. 50,000/-.
Notices were served upon the OPs on 22.10.2022. In spite of that none appears on behalf of the Ops and no written version was filed. Hence, the case was proceeded ex-parte against all the Ops vide Order No. 02 dated 06.12.2022.
Decision with reasons
To prove his case the complainant Mr.Ankit Chowdhury adduced money receipt of Rs5, 00,000/-acknowledged by the OP-developer from where it appears that he paid that amount to the OPs. The allotment letter dated 11.02.2019 issued by the OPs ensures that the complainant have been allotted a flat at the Royal Enclave project of the OPs. Further it appears from the letter dated 09.12.2021 sent by the Ld. Advocate of the complainant proves that the OPs have failed to deliver the proposed flat to the complainant and promised to refund the entire paid amount to the complainant out of which Rs 50,000/ was paid in favour of the complainant although Rs. 4, 50,000/- is still lying with the OPs. OPs are liable to refund the entire amount paid by the complainant but they failed to do the same which amounts to deficiency in service on their parts. Further considering the the mental pain and agony of the complainant, he is compensated with interest @9% p.a in the form of compensation. OPs are liable to pay litigation cost to the complainant for their in action.
In the result the petition of complaint is succeeds.
Hence, it is,
Ordered
that the complaint case being no. CC/508/2022 is allowed ex parte against the OPs with cost. OPs are directed to refund Rs. 4, 50,000/- to the complainant within 45 days from this date of order along with interest @9%p.a. from the date of deposition of the amount till realization in the form of compensation. OPs are further directed to pay Rs. 20,000/- as litigation cost to the complainant within the aforesaid stipulated period failing which entire amount shall carry interest @12%p.a.
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
