1. The Ops being realtors floated a housing project named as “Evanie Econest” at Mouza – Hudrait under P.S. – Rajarhat consisting of flats, parking spaces and commercial spaces and the complainant being in need of a dwelling unit selected a 3BHK flat of 906.25 Sq.ft.  together with a garage on 01.08.2018 at Rs. 31,47,500/- (Rupees thirty one lakh forty seven thousand five hundred). Formal agreement was made there for. Following the terms and conditions incorporated in the aforesaid agreement, the complainant made payment of Rs. 7,00,476/- (Rupees seven lakh four hundred seventy six) in several phases in between 28.08.2017 and 16.01.2018. But due to some land dispute the developers failed to procure a sanctioned plan from the Municipal Authority for the aforesaid housing complex and to take up the construction work. As a matter of fact, the developers had to leave the said project in abandoned condition. The complainant who made payment of substantial amount under the aforesaid agreement for sale had to approach the Ops for getting back the paid amount and the developers agreed to refund by issuing letter dated 05.04.2019 since refund was not made by the developers following letter dated 05.04.2019, the complainant has filed this case on 04.04.2022 for refund together with compensation and litigation cost.

2. The Ops did not contest the case by filing written version 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, dated 01.08.2018, (c) money receipts and which was received by the complainant from the developers. Those documents filed by the complainant have gone unchallenged for which those documents may be supposed to carry impeccable evidentiary value. It is quite clear from the aforesaid documents that although the complainant made payment of Rs. 7,49,426/- in favour of the developers, the complainant has only sought for refund of Rs. 7,00,476/- (Rupees seven lakh four hundred seventy six). Therefore, the direction if there be any, will only relate to Rs. 7,00,476/- (Rupees seven lakh four hundred seventy six) in addition to the amount of compensation and litigation cost.

4. The housing project did not see the light of the day and the developers left the said scheme in abandoned condition for reasons best known to them. It is obvious from the material on record that the developers collected him. From the prospective buyers and instead of utilizing the same for raising the housing complex spent the same for their own benefit. The prospective buyers like the complainants have invested huge amount due to the assurance given by the developers for providing them with flat. They had to put up with harassment and agony due to the unlawful trade practice on the part of the Ops. The complainant is one of them and he is entitled to get back Rs. 7,00,476/- (Rupees seven lakh four hundred seventy six) from the Ops with interest, compensation and cost. The amount of interest may be fixed at 10% per annum and the compensation amount may also be fixed at Rs. 1,00,000/-. The complainant will also get Rs. 25,000/- from the Ops on account of litigation cost.

5. The case is thus disposed of with the following direction :-

1. The Ops will return Rs. 7,00,476/- (Rupees seven lakh four hundred seventy six) with interest @ 10% per annum with effect from 16.01.2018 (the date on which last payment was made) till realization within a period of 45 days hence, failing which the amount will carry interest @ 12%.
2. The Ops will also pay Rs. 1,00,000/- as compensation and Rs. 25,000/- as litigation cost totaling Rs. 1,25,000/- within 45 days hence, failing which the amount accrue interest  @ 12%.

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