1. The OPs being the realtors floated a housing project names as “Royal Enclave” in Rajarhat area and the complainants being in need of dwelling unit selected a bunglow with 2 kattah land being no. A-137 having a super built up area of 1100 sq.ft. in the aforesaid housing project. The said bunglow was valued at Rs. 35, 00,000/-. Accordingly they entered into an agreement with the realtors on 22.08.2016 and made payment of Rs. 20, 00,000/- on different dates such as; 22.08.2016, 29.06.2016, 27.02.2018, 26.02.2018, 25.06.2017, 29.06.2017, 27.06.2017, 1.07.2016 and 08.07.2017 in 11 installments. It was agreed by and between the parties that within a period of 18 months (i.e. to say by 28.08.2019) from the date of agreement the newly constructed bunglow being no. A-137 would be handed over to the complainants. The 2 kottah plot was transferred on 02.04.2018 under a registered document for which a sum of Rs. 31,764/- was spent by the complainants. But the construction work for this or that reason, was not carried out by the realtors in time and the complainants came to know that the said bunglow project has been left in an abandoned condition. The legal notices were sent to the developers on different dates on and from 04.12.2019 demanding completion of the project and or in the alternative refund of the paid amount and claiming that Rs. 66,000/- was also taken from the complainants for conversion of the plot from ‘Sali’ to ‘Bastu’ is also refundable. On the other hand the developers sent a letter to the complainants on 26.02.2020 asking them to discharge their liability for payment of compensation at Rs. 1 per sq. ft for delay in case if payment  of balance amount. Finding no other option open to them the complainants had to file a complaint on 09.11.2020 against the realtors seeking direction for payment of Rs. 20,97,764/- or in the alternative for completion of the bunglow project within 6 months and also for other reliefs including compensation of Rs. 50,000/- and litigation cost of Rs. 50,000/- etc.
2. With a view to contest the case the OPs file W/V denying the averments made in the complaint and assuring the complainants that the bunglow project would be made complete with all fittings and quite habitable one. It has been stated in the W/V that the 2 kattah plot which was given under a registered document was mutated in the name of the complainants under Khatian no.-2963. The copy of said R.O.R. has also been filed. The OPs has sought for dismissal of the case on such grounds. But it needs to be mentioned here that the OPs skipped the subsequent stages of proceedings for reasons best to known to them for which the case was practically heard ex parte.
3. In support of his case the complainants has filed a copy of agreement dated 22.08.2018, copies of 3 allotment letters which were issued on 31.07.2017, 26.02.2018 and 27.02.2018, copies of the money receipts which were granted by the OPs against payment of Rs. 20, 00,000/- made in 11 instalments, copies of legal notices and the copy of letters dated 05.02.2020 and 18.02.2020 which were received by the complainants from the OPs. They have also filed the evidence on affidavit and BNA. The documents filed by the complainants have not been challenged by the other side for which they may be supposed to carry impeccable evidentiary value. The copy of agreement appears to be quite consistent with 11 money receipts which were granted by the OPs. After taking into account the imports of those money receipts and the copy of agreement it can safely be opined that Rs.20, 00,000/- was paid by the complainants to the realtors for purchasing a dwelling unit priced at Rs. 35, 00,000/-.
4. It is abundantly clear from the material on record that 2 Kattah plot being no. 2635 and priced at Rs. 4, 00,000/- was transferred in the name of the complainants under a registered deed of sale and the said land was recorded in the name of the complainants under Khatian no- 2963. It is obvious from the aforesaid Khatian that the nature of the aforesaid 2 Kattah plot is ‘Sali’ one. It needs to be mentioned at this stage that the claim of the complainants that Rs. 66,000/- was paid for effecting conversion of the land from ‘Sali’ to ‘Bastu’ does not find support from any other documents. There is nothing on record to show that Rs. 66,000/- was really paid to the realtors for the aforesaid purpose. Therefore, the claim of the complainants in so far as Rs. 66,000/- which is concerned cannot be upheld.
5. The 2 kattah plot being no. 2635 now belongs to the complainants and he is the rightful owner in respect to that plot. Therefore, the expenses amounting to Rs. 31,764/- which was allegedly incurred by the complainant for execution and registration of sale deed is not recoverable. He is and will be at liberty to sell or otherwise transfer the same for price to any other person.
6. Within 18 months from the date of agreement the OPs could not finish the construction work even they did not disclose any deadline for the completion of the same. Therefore, the complainant who parted with a huge sum of money for getting a dwelling unit cannot be expected to wait indefinitely. They had every right to approach the Court of Law for getting back the paid amount. The paid amount is Rs. 20, 00,000/- out of which Rs. 4, 00,000/- in kind (i.e. land) has already been recovered. The remaining Rs. 16, 00,000/- is now recoverable from the OPs. The amount of Rs. 16, 00,000/- would definitely carry interest @ 10%p.a. with effect from 08.07.2017 (i.e. to say the date of which highest amount i.e. Rs. 4, 00,000/- was paid). The complainants who had to put up with harassment and anxiety at the instance of the OPs would surely get a some compensation and the amount of compensation, in view of the amount of complainants harassment and anxiety, may be worked out at Rs. 3,50,000/- and they will also get a sum of Rs. 30,000/- on account of litigation cost.

The case is thus disposed of with the following directions:-

1. The OPs will pay Rs. 16, 00,000/- with interest @ 10%p.a. with effect from 08.07.2017 until payment within a period of 45 days hence failing which the amount will carry interest @ 12%p.a.
2. The OPs will pay Rs. 3,50,000/- as compensation and Rs. 30,000/- as litigation cost totaling Rs. 3,80,000/- within 45 days hence failing which the amount will carry interest @ 12%p.a.

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