1. The OPs being realtors launched a housing project named as ‘Evanie Eco-Nest’ in Chandpur Panchayet area under P.S.-Rajarhat and the complainant being in need of residential accommodation selected a flat measuring about 490.3 sq.ft. in Phase-I in the said housing project price of the flat was Rs. 14,50,265/-. An agreement for sale was accordingly signed by the complainant and the OPs on 30.01.2019 and payment of Rs. 5, 51,101/- was made in between 28.11.2018 and 30.01.2019 in 4 instalments. But the OPs did not sincerely take up the said housing project and did not give a start to the construction work therefor. As a matter of fact the project was abandoned by the OPs for the reasons best to known to them. Finding no other alternative the complainant had to file this case on 30.01.2021 seeking direction for completion of the construction work coupled with transfer of the flat in favour of the complainant and in the alternative for refund of the paid amount with interest, compensation and cost.
2. The OP did not file any W/V to contest the case for which the case was heard ex parte.
3. In support of his case, the complainant has filed a. evidence on affidavit, b. copy of agreement for sale dated 30.01.2019, c. money receipts in respect to Rs. 5,51,101/- which was granted by the OPs, d. bank statement etc.
4. The documents filed by the complainant have gone unchallenged for which they may be supposed to carry impeccable evidentiary value. Again the mere fact that the OP abstained from contesting the case by filing W/V or questionnaire or BNA goes to lend support to the cause of the complainant. The documents filed by the complainant are sufficient to show that the complainant advanced to Rs. 5, 51,101/- in instalments towards purchase of the 2BHK flat measuring about 490.3 sq.ft. in ‘Evanie Eco-Nest’ housing project. Due to the failure on the part of the OP to take up the construction work efficaciously the complainant omitted to make payment of the balance amount. Had they refunded the paid amount voluntarily, the complainant did not feel it necessary to file any case seeking refund. The OPs who are utilising the complainant’s money to the tune of Rs. 5,51,101/-on or before 30.01.2019 are under sheer obligation to return the same to the complainant-especially when they have failed to keep their promise to provide the complainant with a flat.
5. It is our common knowledge that ‘Evanie Eco-Nest’ housing project never saw the light of the day. On the futile plea of raising construction of such a housing project the developers collected money from the buyers with a promise to provide them with flat. Unlawfully they have utilised the said money for their own benefit. For the wrongful and deceptive act on the part of the developers the complainant had to put up with loss of interest or the aforesaid amount of Rs. 5,51,101/- and also with harassment and agony. In view of the amount of his harassment and anxiety the amount of compensation may be fixed at Rs. 75,000/-. There should be an order for refund of the aforesaid amount with interest @10%p.a. with effect from 01.02.2019. The complainant will also get a sum of Rs. 25,000/- on account of litigation cost. Since he has sought for an order for refund of Rs. 5, 45,301/- and therefore the order for refund will relate to an amount of Rs. 5, 45,301/-.

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

1. The OP will returned Rs. 5,45,301/- to the complainant with interest @10%p.a. with effect from 01.02.2019 till realisation within a period of 45 days hence failing which the amount will carry interest @12%p.a.
2. The OP will pay Rs. 75,000/- as compensation and Rs. 25,000/- as litigation cost totalling Rs. 1,00,000/- within 45 days hence failing which the amount will accrue 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