1. This is an application u/S 12 of CP Act of Shri Kamini Mishra Chowdhury and Dr. G. Chowdhury praying for getting back Rs. 9,00,000/- from the Ops on the grounds stated therein.
2. After coming to know about prospective ‘bungalow project’ of the Ops the complainants agreed to purchase a bungalow on 2 Cottahs plot being No. A-9 in Royal Enclave Project adjacent to Sapoorji Complex in New Town, Rajarhat, Kolkata – although vacant land could be found on inspection at the project site at that point of time.
3. For the aforesaid property the complainants advanced Rs. 9,00,000/- in two cheques drawn in favour of the Ops and the cheques were duly encashed. They thought that they would get the aforesaid bungalow by making payment of the balance amount. But the bungalow project did not see the light of the day. The construction work was never taken up.
4. The complainants could realize that they would have no option but to approach the Ops for refund of the amount paid. On being dissatisfied with the false promise of the Ops about refund of the amount the complainants filed this case seeking reliefs.
5. In support of the case the complainants have filed Evidence on Affidavit, Brief Notes of Argument and allied documents including receipt granted by the Ops for the advance of Rs. 9,00,000/- being made by the complainants on 28.03.2018.
6. The Ops entered appearance at belated stage but omitted to file evidence by utilizing the scope given to him – although W/V was filed by the OP.
7. Page 13 of the W/V goes to show up that the Ops agreed to refund of Rs. 7,23,215/- only in 10 installments.
8. At the mediation centre at Subhanna, CGO Complex, Salt Lake, Sector – 1 under Consumer Affairs and Fair Business Practices Department attempt was made for settlement through mediation. But the same went in vain.
9. The only point which needs to be decided in this case is whether the complainants are entitled to an order for refund of Rs. 9,00,000/- with compensation and litigation cost.
10. The money receipt granted by the Ops receives support from Page 13 of the W/V. It is apparent therefrom that Rs. 9,00,000/- was paid by the complainants for purchasing a bungalow in Royal Enclave Bungalow Project. The record contains some photographs, draft plan etc. from which it appears that the complainants had the reason to believe that the bungalow project namely “Royal Enclave” would be constructed by the Ops. This is why money was advanced by them at the very beginning.
11. The bungalow project, again we would say, never saw the light of the day. It was scrapped by the Ops for reasons best known to them. The Ops are therefore legally bound to refund amount received from the complainants. Similarly the complainants who have been undergoing mental agony and harassment at the hands of the Ops since March, 2018 is also entitled to a compensation amounting to Rs. 1,00,000/- from the Ops. For being in litigation since then he is entitled to Rs. 100000/- on account of litigation costs.
12. Therefore, the complainants will get from the OP Rs. 9,00,000/- with interest at the rate of 10%  per annum from 01.04.2018 till realization together with compensation of Rs. 1,00,000/- and litigation cost of Rs. 1,00,000/-.
13. Hence, it is ordered that –

     the case be and the same is allowed on contest. The OPs would pay Rs. 9,00,000/- with interest at the rate of 10% per annum  with effect from 01.04.2018 till realization within 30 days hence. He will also pay compensation of Rs. 1,00,000/- and litigation cost of Rs. 1,00,000/- within 30 days hence, failing which the amount would accrue interest at the rate of 12% per annum. The complainants would receive the aforesaid amount in cheques or demand drafts from the Ops.

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