money receipts. OP-1 is liable to deliver physical possession of the subject unit to the complainants within  02.06.2018 with a  grace period of  06 months and agreement for sale dated 02.11.2015 was executed between the parties in respect of the subject unit.

            Despite several request, OPs did not offer possession of the subject unit to the complainants.  OP-1 miserably failed and/or neglected to perform its obligations under the agreement for sale dated  02.11.2015. Total sale price of the subject unit is Rs.  56,63,250/- out of which the complainants have already 33.27 & % of the total sale price to the OP-1. Complainants are ready and willing to make payment of balance sale price in respect to the subject unit and when the OP-1 failed to complete the unit within the stipulated period as mentioned in the agreement for sale. Complainant-1 had been to the project site and found that no construction had been started for which the complainants restrained themselves from making any further payment.  Agreement for Sale dated 02.11.2015 is still subsisting.  Having no other alternative, the complainants were compelled to terminate the agreement for sale dated 02.11.2015 vide letter dated 11.06.2018 addressed to the OP-1. Alleging deficiency in service and unfair trade practice, complainants have  filed the consumer complaint before the commission.

                   Despite service of notices of the complaint the OPs did not turn up to contest the case within the statutory period of  30 days as provided under the CP Act. Stipulated period of filing WV was elapsed for which the consumer case runs ex parte against the OPs vide order dated 27.04.2022. After  passing of ex parte order the OPs appeared by filing Vokalatnama and WV. On 02.05.2022 OPs filed an application praying to accept their WV on the grounds mentioned therein. Upon hearing of both sides the prayer of the OPs was allowed subject to payment of cost of Rs.  500/- to be paid to the complainants. The OPs failed and neglected to comply the order dated  23.06.2022 and ultimately, WV filed by the OPs on 27.04.2022 was not accepted. There is no document to show that the OPs preferred any revision petition before the Hon’ble SCDRC against the order dated  07.09.2022.  Ultimately, the case was heard ex parte. 

            Complainant-1  Mr. Shatrujit Dasgupta has tendered E/chief supported by an affidavit. Complainants  have  also relied the documents annexed with complaint petition.

                  Heard the Ld. Council for the complainants.  Perused the consumer complaint coupled with its annexure thereto. Also perused the E/chief of the complainants. 

              The overwhelming evidence on record make it abundantly clear that the complainants  had booked a residential  Unit being No. 4, on 4^th  floor of Block – 7 measuring an area of 1835 sq. ft. super build up area together with the right  to park one car in the covered car parking space in the project Green Tech City identified as “Terrace Heights” situated at Mouza – Bajetaraf,   P S Rajarhat, within  the district of  24 Pgs (N) against payment of Rs. 12,24,043/-.

                 On perusal of the documents annexed with the complaint petition,  it appears to us that the complainants have already paid Rs. 19,62,869/- on different dates to the OP-1 out of total consideration of Rs. 56,63,250/- in respect of subject unit and  an  agreement for sale dated 02.11.2015  was executed between the parties. It should also not be out of place to mention that the OP-1/Developer issued allotment letter dated 28.12.2015  with regard to the subject unit to the complainants  and payment schedule has been mentioned in the agreement for sale. The materials on record make it quite clear that the complainants  have already paid total Rs. 19,62,869/-  out of total sale price. However, it has been proved beyond any doubt that the complainants have paid a sum of Rs. 19,62,869/-  to the OP-1  towards the payment of sale price of the subject unit.

              On evaluation of materials on record, it is quite evident that in terms of the agreement for sale dated the OPs shall complete construction of the subject unit and handover possession thereof to the complainants within 24 months from the effective  date i.e.  02.11.2015 provided that the developer shall be allowed  a grace period of  06 months. 

             OP-1 issued allotment letter dated 28.12.2015 to the complainants  in respect of Unit No. C-4, on 4^th  floor of Block – 07 measuring an area of 1835 sq. ft. super build up area together with the right  to park one car in the covered car parking space in the project Green Tech City identified as “Terrace Heights on situated  at Green Tech City against booking of  Rs. 11,82,650/-

               Thus, the complainants  being the “Consumers” hired the  service of the OP-1 in a disputed unit/flat and the OP-1 and its Directors  have failed to construct the project and keep their promise in handing over the unit/flat in terms of the agreement for sale in favour of the complainants  within a stipulated period and thereby deficient in rendering services within the meaning of section 2 (11) of the CP Act, 2019. It is well settled that after making payment of a part consideration amount, a purchaser cannot wait indefinitely for having a roof over his/her head. In that perspective, when the OPs have  failed to construct the project and deliver the possession within a reasonable period, this itself amounts to deficiency in service. In the above premises, complainants are entitled to some reliefs. In our view, when there is hardly any chance to construction the project in near future, an order directing the OPs to refund the amount of Rs. 19,62,869/- along with compensation in the form of simple interest @ 10% p.a. from the date of each payment till its realization will meet the ends of justice. Under compelling circumstances, the complainants have  come up in this commission for which they  are  entitled to litigation costs which we quantify at Rs. 10,000/-.

             In view of the above, the complaint is disposed of ex parte against the OPs with the following directions :-

1. The OPs are  jointly and severally directed to refund the amount of Rs. 19,62,869/-  along with compensation in the form of simple interest @ 10 % p.a. in favour of the complainants  from the date of each payment till  its realization;
2. The OPs are  also jointly and severally  directed to make payment of a sum of Rs. 10,000/- as costs of litigation in favour of the complainants;
3. The above payments should be paid within 60 days from the date of above order.

It is also made clear that for non-compliance, the provisions enshrined U/s 71 of the C P Act, 2019 would be also attracted.

Copy of judgment be supplied to the parties free of cost as per CP Act. Judgment be uploaded on the website of the commission for perusal of the parties.