1. The complainant Arabinda Roy has filed this case against M/s Excella Realtors Pvt. Ltd. and its office bearers under Section 12 of the C.P. Act seeking direction to the Ops for execution and registration of a sale deed in respect to plot no. 299 in Sampurna Township Project appertaining to L.R. Plot No. 3994 within Mouza – Bishnurpur, District – North 24 Parganas and also for direction to the Ops for delivering the possession of plot and for making payment of the enhanced registration fee and stamp duty in addition to compensation of Rs. 2,00,000/- plus Rs. 1,00,000/- and other reliefs and in the alternative for direction the OP to refund the paid amount Rs. 9,33,777/- together with compensation cost etc. mainly on the ground that in spite of having received Rs. 9,33,777/- from the complainant with promise to provide him the aforesaid flat the Op has neglected to get the same ready for delivery of possession and also to transfer the same.

2. The Op launched the aforesaid township project in 2013 and made advertisement inviting application from the prospective buyers and accordingly the complainant came forward and selected a plot being No. 299 in the aforesaid Township Project. The plot was allotted by the Ops and a sum of Rs. 9,33,777/- was paid in instalments by the complainant under the allotment letter during the period between 2013 and 2017. But the complainant subsequently came to know that the said project was left in abandoned condition for reasons best known to the OPs and this is why the complainant approached the Ops in January, 2018 for getting back the paid amount. Even lawyer’s notice was sent to the developers in response to which the developers asked him to choose another plot in another housing project by sending a lawyer’s notice. Since refund was not made in compliance with the request made by the complainant, the complainant filed this case on 20.09.2019 against Ops seeking reliefs.

3. The Ops contested the case by filing written version, questionnaire, BNA and evidence in chief. The written version by which the claim of the complainant was denied clearly states that the complainant advanced a sum of Rs. 9,33,777/- under in the light of the allotment letter dated 10.05.2013 for acquiring plot No. 299 in Sampurna Housing Project. The Ops have claimed by the written version that since a plot of land in the subject matter of this case the complainant cannot get any relief from this Commission.

4. In support of his case the complainant has filed evidence in chief, reply to the questionnaire made by the Op, copy of allotment letter, receipts showing payment of Rs. 9,33,777/- and BNA. The documents filed by the complainant have not been challenged by the OPs on any ground or whatsoever. The Ld. Advocate appearing for the Ops has challenged the case of the complainant mainly on the ground that the complainant invested a hefty amount only for profit and not for residential purpose and this is why he cannot get any relief from this Commission.

5. It is an admitted fact that a sum of Rs. 9,33,777/- was advanced by the complainant to the Ops for plot No. 299 in Sampurna Housing Project which was covered by allotment letter dated 10.05.2013. It is also an admitted position that the said Housing Project did not see the light of the day. Admittedly the Ops who once wanted the complainant to select a housing plot in some other housing project has been utilizing the said amount since before 2017.

6. The material on record bears sufficient indication that plot No. 299 was allotted with an assurance that it would be studded with facilities and amenities to make the same fit for having construction. Since not only for the plot but also for its development and for providing facilities thereto the price of the property was fixed and a part of them was advanced by the complainant. Since Sampurna Housing Project was nipped in the bud the persons who advanced money for acquiring plot in the said project are undoubtedly entitled to get back the same. Their right to refund cannot be denied on any ground or whatsoever. Therefore the Ops should be put under order to refund the amount.

7. Since the Housing Project was stalled suddenly at the incipient stage the direction, if passed for transfer of the plot to the applicant would be a futile one. Therefore, there will be an order directing the OPs to refund the paid amount with interest, compensation and cost. The amount will carry interest @10% per annum with effect from 01.01.2018. After giving consideration to the volume of his suffering a compensation of Rs. 75,000/- should be awarded to the complainant. The complainant will also get Rs. 25,000/- on account of litigation cost.

8. The case is thus disposed of with the following directions.

1. The Ops will pay Rs. 9,33,777/- with interest @10% per annum with effect from 01.01.2018 till payment to the complainant within 45 days hence, failing which, the amount will carry interest @12% per annum.

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% per annum.

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