1. Op No. 1 Dharitry Infraventure Pvt. Ltd. and its Director (i.e. Op No. 2 and 3) launched a housing project named as “Dharitry Web City” at Mouja Aamgachiya under P.S Bishnupur in the District South 24 Parganas and published an advertisement inviting applications for the prospective buyers of flats.
2. The complainant, in response to such advertisement visited the site and selected a 2BHK flat being No. A1 of 650 Sqft in the 2^nd floor Block B which was priced  at Rs. 15,50,000/-.  A part of consideration money i.e Rs. 3,10,000/- was paid by him under an agreement dated 23.04.2018. As per Memo of Agreement the flat was due to be delivered to the buyer within a period of 36 days. But on 22.11.2020, the complainant visited the site and could find no existence of construction there. On 24.11.2020 the Ops on being asked, agreed to refund the amount. But since thereafter, the Ops started to take time to do so for which the complainant had no option but to file this case on 14.12.2020 seeking refund and other reliefs.
3. Inspite of having received the notice about the initiation of this case against them, the Ops abstained from filing WV to contest the case. This is why the case has been heard ex parte.
4. In support of his case, the complainant has filed the evidence on affidavit, copy of agreement dated 23.04.2018, his bank statement (annexture A) and copy of the letters dated 20.01.2022 issued from the Ops to the complainant, BNA and other documents. Those documents appear to be sufficient to prove that payment of Rs. 3,10,000/- was made by the complainant on 23.04.2018 in favour of the Ops for purchasing a flat.
5. The Only point which has to be decided to this case is whether the complainant is entitled to get relief sought for or not.
6. The copies of the statement of complainant’s bank account go to show that a sum of Rs. 3,10,000/- was paid to the Ops from complainant’s account in three installments on 18.01.2018, 16.02.2018 and  16.02.2018. Copy of agreement which has been filed by the complainant also seems  to be consistent with the bank statement of the complainant. All these documents are sufficient to prove that Rs. 310000/- was paid by the complainant. Moreover, payment of Rs. 3,10,000/- was made by the complainant in January and February of 2018 for the said flat in Dharitry Web City has not been denied by the Ops. Again. it is in the unchallenged evidence on affidavit of the complainant that the concerned project did not see the light of the day -although the opposite parties collected money from the complainant with an assurance  that the project consisting of several flats would be completed within 36 months. It amounts to gross deficiency in rendering service on the part of the O.P.
7. Therefore, the complainant get back the said amount of Rs. 3,10,000/- from the Ops. Since after February 2018 the complainant started to suffer either anxiety or agony till this day he will get compensation. Keeping in view the volume of harassment, he has undergone it can safely be opined that he will get consolidated amount of Rs. 75,000/- as compensation. Certainly, he is entitled to a sum of Rs. 50,000/- on account of litigation cost.
8. Hence it is ordered that the Op will pay Rs. 3,10,000/- with interest @ 9% pa. with effect from 01.03.2018 within a period of three months hence, failing  which the amount will carry interest @12% pa. He will also pay Rs. 75,000/- plus 50,000/- totaling to Rs. 1,25,000/- within a period of three months hence, failing which the will carry interest @ 12% pa.

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