1. The OP no.1 Dharitri Intraventure Pvt. Ltd. and its Director (Op no.2) and their Manager(Op no.3) launched a housing project under the name and style of “Royal Enclave”, comprising of flats, car parking spaces, amenities etc at Hatisala More, P.S. Rajarhat, Chandpur Gram Panchayet, North 24 pgs, West Bengal and published press advertisement inviting applications from prospective buyers of flats.
2. The complainant Mrs.Mousumi Roy, W/o Sri Subhasish Roy of 37, P.C. Sarani, Deshbondhu Para, Siliguri, Pin-734004, West Bengal in response to the said advertisement decided to purchase 2 numbers of residential flats admeasuring 750 sq.ft. each and was in receipt of an allotment letter dated 27.09.2016 issued by the said company through authorized signatory. Accordingly the complainant paid a consideration amount for Rs. 1, 80,000/- on 03.10.2016. for booking the said 2 no. of flats, which were paid vide cheque no.040764 dated 29.09.2016 of Union Bank of India and credited in the Account of the Company vide Transaction no.S39996971/262 dated 03.10.2016 for Rs. 1,80,000/- when a receipt of the said cheque was issued by OPs vide no.1273 dated 26.09.2016.
3. Subsequently, due to medical reasons of one of the family members of the complainant, she wrote a letter to the OP on 16.04.2018 (sent by speed post and duly acknowledged) submitting her intention for cancellation of the said booking and refund thereof. Again another application for refund of booking fee was submitted by the complainant on 09.07.2018 at the office of the OP requesting for cancellation of booking of the said 2 numbers of flats, duly acknowledged.
4. In spite of several reminders from the complainant, the OPs never came out with any reason of their non-refund the said booking fee to the complainant in terms of the flat booking conditions. Hence, the complainant filed this petition on 16.01.2020. In support of her complaint, the complainant has also filed the evidence through affidavit, copy of proof of payment, copy of allotment letter and copies of letters and forms for cancellation of booking along with BNA and other documents. These documents appear to be sufficient to proof the bona fide of the payment of Rs. 1, 80,000/- which was made by the complainant on 29.09.2016 in favour of the OP for purchasing the flat. The OPs filed W/V to contest the contention of the complainant denying the allegations as contained therein. It was categorically stated in the W/V that though the said project name “Royal Enclave” got struck up due to not having mutation, conversion and sanction of project plan leading to loss of invested amount, but they had offered flat at alternative location under the name and style of “New Royal Enclave” at Hudrait Mouza as an alternative which the complainant refused. It is also denied by the OP about having no intention to refund the said booking amount and expressed their willingness to refund the total amount of Rs. 1,80,000/- @ Rs. 30,000/- in six installments from January,2021. The OPs have not challenged the documents submitted by the complainant in any manner.
5. Since OPs have admitted the deficiency in their services in some form or other, hence the only point of consideration lies here is whether the complainant is entitled to the reliefs sought for.
6. The sequel of unchallenged documents depicts that the complainant has duly paid Rs. 1, 80,000/- to the OPs and received allotment letter for 2 no. of flats. It is also an evidence on affidavit from the W/V of OP no.2 that the concerned original project did not commence nor got statutory clearances or permission even to start, though the OPs collected money from the complainant and did not return the said booking amount forthwith, even after receiving the cancellation request of booking from the complainant. This amounts to gross deficiency in rendering the services on the part of OP.
7. Therefore, the complainant is entitled to get refund of the said amount of booking fee of Rs.1,80,000/-from the OPs. Since the complainant suffered agony and anxiety due to non-refund of booking fee since 09.07.2018 i.e. refund claim filing date, she will get compensation keeping in view of the quantum of harassment undergone and hence it can be safely opined that the complainant will get a consolidated amount of Rs.20, 000/- as compensation. The complainant shall also be entitled to a sum of Rs.10, 000/- as litigation cost.  In the result the case succeeds.
8. Hence it is ordered that the OP will pay Rs. 1, 80,000/- with simple interest @10% with effect from 09.07.2018 i.e. dater of claim of refund from OPs, within a period of 3 months hence, failing which the amount of interest should be increased to simple interest @12%. The complainant shall also get an amount of Rs.20, 000/- as compensation and Rs.10, 000/- as litigation cost from the OP.

The liabilities of the OPs are jointly and severally.

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

Dictated and corrected by

[HON'BLE MR. Partha Kumar Basu]
MEMBER