1. The developers being the realtors floated a housing project consisting of flats, garages and commercial spaces in 2018 in the name and style as “Evanie Nature City” under P.S. – Rajarhat in the District of North 24 Parganas. The complainant being in need of dwelling unit selected a 3BHK flat having covered area of 1243 Sq.ft. in the said housing complex for purchasing the same at Rs. 26,76,570/-  + Rs. 2,00,000/- totaling Rs. 28,73,570/- (Rupees twenty eight lakh seventy three thousand five hundred seventy) only. Accordingly an application was submitted by the complainant in response to which a confirmation letter was handed over to him on 20.09.2018. Following the terms and conditions set by the developers a payment of Rs. 7,48,599/- (Rupees seven lakh forty eight thousand five hundred ninety nine) was made in phases against receipt. But the developers/realtors did not take up the housing scheme seriously and as a matter of fact, the said housing project did not see the light of the day. The complainant, under compulsion had to seek for refund of the paid amount; but in vain. This is why she has sued the developers for refund with compensation of Rs. 2,00,000/- and other reliefs.

2. In spite of having received, the copy of notice about the complaint from this Commission the Ops did not file any written version to contest the case. This is why the case has been heard ex-parte. In support of his case, the complainant has filed (a) Evidence on affidavit, (b) copy of letter dated 25.11.2019 under which the request for cancellation of booking was entertained by the Ops, (c) copies of money receipts, (d) copy of letter dated 03.03.2020, 29.12.2020, 02.03.2021, 28.08.2021 etc. Those documents have gone unchallenged for which they may be supposed to carry impeccable evidentiary value. From the aforesaid documents, it is abundantly clear that payment of Rs. 7,48,599/- (Rupees seven lakh forty eight thousand five hundred ninety nine) was made by the complainant towards the purchase of the flat.

3. It is an admitted position that the said housing project was left by the Ops in abandoned condition and those who invested moneys for purchasing flats therein are now running from pillars to posts for getting back the said amount. The complainant is one of them. The Ops who have utilized the complainant’s money worth Rs. 7,48,599/- (Rupees seven lakh forty eight thousand five hundred ninety nine) for their own benefit should be put under order to return the same to the complainant with interest. The rate of interest may be fixed at 10% per annum.

4. The complainant who had to put up with harassment and agony for the unlawful trade practice on the part of the Ops is surely entitled to compensation and the amount of compensation is fixed at Rs. 80,000/- in view of the volume of harassment and agony to which the complainant was subjected. The complainant will also get Rs. 20,000/- on account of litigation cost.

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

1. The OP will pay Rs. 7,48,599/- (Rupees seven lakh forty eight thousand five hundred ninety nine) with interest @ 10% per annum with effect from 13.12.2018 till realization within a period of 45 days, failing which the amount will carry interest @ 12% per annum.

2. The Op will also pay Rs. 80,000/- + Rs. 20,000/- (for compensation and litigation cost) totaling Rs. 1,00,000/- within a period of 45 days hence, failing which the amount will carry 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