1. The OPs (the Developers) took up the construction work for the development of 8 Cottahs 2 Chittacks 15 Sq.ft. land within Mouza – Satganchi, Plot No. 1715 and 1716, Holding No 29 and 5, Ward No. 21 under South Dum Dum Municipality. Under a agreement with the landowners for development of the aforesaid land and with an intent to sale a flat on the 1^st Floor measuring about 500 Sq.ft. in the proposed building at Rs. 7,60,000/- (Rupees seven lakh sixty thousand) the developers entered into an agreement with the complainant on 01.12.2016 and received payment of Rs. 7,53,600/- (Rupees seven lakh fifty three thousand six hundred) only from the purchaser against a receipt granted on 01.12.2016. But the construction work was not completed by the developers and the aforesaid flat of 500 Sq.ft. was not handed over to the complainant in terms of the agreement dated 01.12.2016. This is why the complainant has filed this case on 23.12.2021 seeking direction for delivery of possession, compensation of Rs. 50,000/- (Rupees fifty thousand) only and also for interest and litigation cost.
2. In spite of having received the notice as to the institution of this case, the OPs neither entered appearance nor filed any written version to contest the case and consequently the case was heard exparte. In support of his case the complainant has filed Evidence in Chief dated 08.03.2019, copy of money receipt dated 01.12.2016 in respect to a sum of Rs. 7,53,600/- and copy of agreement dated 01.12.2016. Needless to say that all those documents have gone unchallenged. Have they got any ground whatsoever to challenge those documents they would have contested the case and highlighted those grounds. But they dared not to do so. Be that as it may, those documents being unchallenged carry unfettered evidentiary value. Those documents can be relied upon justly and conveniently. After placing reliance upon those documents we find that the OPs took up the work for raising construction of a multi storied building upon Plot No. 1715P and 1716P, Ward No. 21 within South Dum Dum Municipality and subscribed their signature to the agreement for sale of flat of the proposed building to the complainant. It is also found from those documents that for purchasing a flat ad-measuring about 500 Sq.ft. on the 1^st Floor worth Rs. 7,60,000/- the complainant coughed up a sum of Rs. 7,53,600/-, for which receipt was duly granted by the OPs. It goes without saying that neither the flat was handed over to the complainant nor any part of the paid amount of Rs. 7,53,600/- has been refunded to them. In other words, without performing their part of the agreement dated 01.12.2016 the OPs have since been retaining complainants money amounting to Rs. 7,53,600/-. Therefore, the complainant is entitled to equitable reliefs from the developers. The complainant has not sought for any direction to the OPs for making refund of the aforesaid amount. But we are not in the know of the fact as to whether the proposed flat has been constructed and made habitable for the complainant or not. May be that the said flat has been in the occupation of a third party without the knowledge of the complainant. In those views of the matter we think that there should be an alternative direction for refund of the paid amount with interest, compensation and cost.

3.  Hence, it is ordered that :-

      The case be and the same is allowed exparte with cost of Rs. 25,000/-. The OPs will cause delivery of possession and coupled with execution and registration of the sale deed in respect to the flat measuring about 500 Sq.ft. in favour of the complainant within a period of 45 days hence or in the alternative will cause refund of the aforesaid amount of Rs. 7,53,600/- with interest @ 12% per annum from 01.12.2016 till realization within a period of 45 days hence, failing which the amount will carry interest @14% per annum.

The OPs will also pay Rs. 50,000/- as compensation for the harassment to which the complainant was subjected and will also pay the litigation cost of Rs. 25,000/- totaling of Rs. 75,000/- within a period of 45 days hence, failing which the said 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