1. Sri Surajit Ghosh has filed this Complaint against M/s Deb Construction and others on 12.07.2019 with the following averments:-

The Ops are the developers and land owners in respect to the RS Plot Number 180, Mouza Krishnapur within the Jurisdiction of Baguiati P.S. They entered into an agreement for promoting the aforesaid plot into a multi-storeyed building named as Basundhara apartment the Complainant wanted to purchase a 2BHK flat at Rs. 13,07000/- from the developer in Basundhara apartment for which a sum of Rs.5,00,000/- was paid by him under an agreement dt.21.11.2012. The agreement dated 21.1.2012 contains a clause that the said housing project would be completed within 18 months from the date of commencement of the construction work and the said flat would be given after accepting the balance amount of Rs. 8,07,000/-. The project was completed before January, 2016. But the developers took a recessive stance in fulfilling their part of the agreement for legal notice was sent on 22.05.2016. Eventually a complaint case was filed by the complainant against the opposite parties at Barasat in Consumer Forum. After 19.09.2016 during the pendency of said Consumer Case talks for compromise were held and it was agreed by and between them that the advance money of Rs.5,00,000/-would be refunded. Accordingly Rs.3,00,000/- was refunded on 05.08.2016, but the rest amount was not paid for which this case has been filed.

2. The Opposite parties entered appearance in response to the notice served upon them and filed WV contending inter alia that the agreement dt. 22.11.2012 for sale of 2BHK flat could not be fulfilled due to the recessive stance taken by the complainant. But ultimately the Ops skipped the trial of this case for reasons best none to them for which the case has been heard ex parte.
3. The only question which is required to be decided in this case is whether the complainant is entitled to get back Rs.2,00,000/- with interest and compensation or not.
4. We have heard the contentions advanced by the Ld. Advocate the Complainant and perused the agreement dt. 21.11.2012, and brief notes of argument. the agreement reveals that the developers agreed to sale a flat measuring 850 sq.Ft in the proposed building at Rs.13,60,000/- and accepted part payment of Rs. 5,00,000/- from the complainant.
5.  The building was constructed but flat was not given. Be that as it may, the parties to this case arrived at an agreement that the entire booking amount i.e. Rs. 5,00,000/- would be refunded and accordingly refund of Rs.3,00,000/- was made. That refund of Rs. 3,00,000/- has already been made is not in dispute . The agreement dated 21.11.2012 also carries a clause for refund of the advance amount. The Complainant has also willfully accepted the said refund. Therefore there is hardly any scope of issuing direction for completion of the sale of the flat in terms of agreement. The Ld. Advocate appearing for the complainant has wanted this commission to pass order for refund of the unpaid amount i.e. Rs. 2,00,000/- with interest and compensation.
6. It is now abundantly clear that the developer has neglected to cause refund of Rs. 2,00,000/-. The developer would have contested the case, had he got any point to resist the claim for refund of Rs. 2 Lac, but he has skipped the hearing of the case. As such, we feel disposed to record order for refund of Rs. 2,00,000/- with interest and compensation. Rate of interest is fixed at Rs. 9% p.a and Rs. 1,00,000/- is fixed as compensation has undergone.
7. Hence, it is ordered that the Op 1 will pay Rs. 2,00,000/- with interest @ per annum from the date of making payment till realization within 3 months hence. It will also pay Rs. 1,00,000/- as compensation in favour of the  complainant within 3 months and failing which, the amount will carry interest @ 9% p.a.    

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

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT