1. The Ops being the Developers started to develop premises no. 7/5/A/1 at Nabin Chandra Das Road, Baranagar into a multi-storied building having several flats and car parking spaces. The complainant wanted to purchase a second floor flat at the said premises at a consideration of Rs. 11,00,000/-.
2. The complainant advanced Rs. 3,00,000/- under an agreement for sale dt. 29.06.2018 for the aforesaid flat on condition that the flat would be delivered in habitable condition within a period of 90 days after receiving the rest amount from the complainant.
3. But neither the development project was finished within 90 days, nor the complainant paid the balance amount of Rs. 8,00,000/-. Under such situation the complainant issued a letter dt. 20.11.2018 seeking refund of Rs. 3,00,000/- but the developers have not complied with the said request letter for which the complainant has filed this case against the developers seeking refund in addition to compensation and litigation cost.
4. Inspite of having received notice about the initiation of this case against them the Ops did not enter appearance for which the case was posted for ex parte hearing. During the course of ex parte hearing the complainant adduced evidence on affidavit and produced a copy of agreement dt. 29.06.2018 which was sent by the complainant to the Ops and also the copy of the legal notice issued by her on 24.04.2019. From the oral and documentary evidence on record it becomes crystal clear that the payment of Rs. 3,00,000/- was made by the complainant to the developers for purchasing a flat at 7/5/A/1 at Nabin Chandra Das Road, Baranagar and that within the stipulated period of 90 days neither payment of the rest amount nor delivery of possession was made within the aforesaid period.
5. As a matter of fact it is obvious from the record that the developers could not complete the project in time and did not entertain the request of the complainant for refund of the amount advanced. The complainant is therefore entitled to get an order of this Commission in respect to the aforesaid amount to Rs. 3,00,000/- He is also entitled to get compensation for the harassment she has undergone since 20.11.2018 i.e. for the 34 months in addition to litigation cost of Rs. 20,000/-. The compensation which she entitled to get, may be calculated at  3,00,000/- plus Interest @ 9% p.a. for 34 months equal to Rs. 76,500/-.

Hence, it is ordered that the Case be and the same is allowed ex parte.

The Ops will pay to the complainant a sum of Rs. 3,00,000/- plus 76,500/- plus 20,000/- totaling to Rs. 3,96,500/- within a period of 3 months hence, failing which the amount will carry interest @ Rs. 12% p.a.

Let plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT