The case of the complainants in a nutshell is that opposite party nos.1 & 2 being landowners of several plots within Mouza- DUGDHIA and partly of  Mouza –Paltandanga under P.S.-Sashan and P.S.-Rajarhat respectively, District North 24 Parganas entered into an agreement with opposite party no.3 for development of a project name “Ushali” comprising of various unit types in various Blocks and Sub-Blocks including stand alone villas on their aforementioned lands. The complainants entered into an Agreement for Sale in the month of August, 2018 with the opposite parties to purchase an independent Villa identified as UNIT No.A-08, on the G+1 Floor, measuring about 1058 sq. ft. (Built Up-Area) more or less together with land measuring 1.5 Cottah lying and situated at and within Dag No.137, 162 Mouza-DUGDHIA under FALTI BELIYAGHATA GRAM Panchat, Police Station-SASHAN, Pin-743423 for consideration of Rs.32,37,500/- (Rupees thirty two lakh thirty seven thousand five hundered) only. Prior to execution of the Agreement for Sale, the complainants paid Rs.2,24,000/- (Rupees two lakh twenty four thousand) only as advance against money receipt dated 27.06.2018 issued by opposite party no.3. Thereafter the complainants again paid Rs.1,38,600/- (Rupees one lakh thirty eight thousand six hundred) only against money receipt bearing No.USHALI/MR/B/003/2018-19 dated 05.07.2018; a sum of Rs.3,62,600/- (Rupees three lakh sixty two thousand six hundred) only against money receipt bearing No.USHALI/MR/B/004/2018-19 dated 27.08.2018; Rs.4,00,000/- (Rupees four lakh) only against the money receipt bearing No.USHALI/MR/B/006/2019-20 dated 16.03.2020; Rs.10,58,800/- (Rupees ten lakh fifty eight thousand eight hundred) only against the money receipt bearing No.USHALI/MR/B/002/2020-21 dated 30.05.2020 to the opposite party no.3. According to the complainants, they visited the demised projects several times but did not find any satisfactory progress in the construction work. Every time the opposite parties made false commitment and assurance to handover the designated unit after completion of construction within September, 2020, but in vain.

Under such circumstances, the complainants were compelled to decide to withdraw themselves from the project and to get refund of their hard earned money from the opposite parties.Accordingly they wrote a letter dated 04.04.2021 to the Director of opposite party no.3 who all along received the consideration money from the complainants time to time totalling to Rs.21,84,000/- (Rupees twenty one lakh eighty four thousand) only for refund of the same. The said letter dated 04.04.2021 was delivered to the Director of opposite party no.3 by hand but till date the opposite party no.3 has not returned the same to the complainants.

According to the complainants the opposite parties are liable for deficiency in service, Hence this case.

It appears from the record that notices were duly served upon all three opposite parties. In spite of service of the notices, none of the opposite party appeared in the case to contest the same. Therefore, the case was fixed for ex-parte hearing.

The complainants filed affidavit in chief along with documentary evidence.

The complainants proved the above mentioned original documents. The original Agreement for Sale executed by the parties in the month of August, 2018 is mark Document no.1, money receipt dated 27.06.2018 is mark Document no.2, money receipt dated 05.07.2018 is mark Document no.2(a), money receipt dated 27.08.2018 is mark Document no.2(b), money receipt dated 16.03.2020 is mark Document no.2(c), money receipt dated 30.05.2020 is mark Document no.2(d).

Both the complainants stated that they entered into an Agreement for Sale in the month of August, 2018 with the opposite parties to purchase an independent Villa described as UNIT No.A-08, on the G+1 Floor, measuring about 1058 sq. ft. (Built Up-Area) more or less together with land measuring 1.5 Cottah lying and situated at within Dag No.137, 162 Mouza-DUGDHIA under FALTI BELIYAGHATA GRAM Panchat, Police Station-SASHAN, Pin-743423. The said Agreement for Sale (Document no.1) remained un-rebutted and unchallenged in this case. The complainants filed original money receipts marked Document no.2, Document no.2(a), Document no.2(b),  Document no.2(c) and Document no.2(d) which reveal that opposite party no.3 received a total sum of Rs.21,84,000/- (Rupees twenty one lakh eighty four thousand) only from the complainants as consideration money to sell a villa at project “USHALI BUNGLOW”.

The complainants categorically in their affidavit in chief stated inspite of payment of consideration amount from time to time in total Rs.21,84,000/- (Rupees twenty one lakh eighty four thousand) only to the opposite party no.3, the progress of the construction work of the project “USHALI BUNGLOW”was not satisfactory and the opposite parties have failed to complete the construction of Villa and handover the possession of the same to the complainants within the stipulated time i.e. September 2020 as per terms of the Agreement for Sale. Therefore, the complainants were compelled to file the case for refund of their money interalia on other reliefs. The complainants categorically stated that the opposite parties are liable for deficiency in service as such the complainants are entitled to get compensation also.

The above mentioned evidence of the complainants remained unchallenged and un-rebutted in this case.

In our considered view the complainants by their un-rebutted and unchallenged  testimony and documents 1 and 2 series have been able to prove that they have paid in total Rs.21,84,000/- (Rupees twenty one lakh eighty four thousand) only to opposite party no.3 to purchase  a Villa at project  “USHALI BUNGALOW”. In terms of Agreement for Sale (Document no.1) executed by the parties to the case, the opposite parties  have failed to construct the same with the stipulated period mentioned therein or even after considerable period of extended time. Till date the opposite parties have not complied with the terms and condition of the said Agreement for Sale.

Therefore the case succeeds.

Fees paid by the complainants is correct.

Hence, it is

O R D E R E D

That the complaint case be and the same is allowed ex-parte against all opposite parties.

That the opposite parties are directed to pay a sum of Rs.21,84,000/- (Rupees twenty one lakh eighty four thousand) only either jointly or severally to the complainant along with 12 % simple interest from 27.06.2018 till the date of actual payment.

That opposite parties are directed to  pay a sum of Rs.3,00,000/- (Rupees three lakh) only either jointly or severally as compensation to the complainant within one month from the date hereof failing which shall be liable to pay 12 % simple interest on the compensation amount till the date of actual payment.

That the opposite parties are directed to pay a sum of Rs.50,000/- (Rupees fifty thousand) only either jointly or severally as litigation cost within one month from the date hereof failing which shall be liable to pay 12 % simple interest on the litigation amount till the date of actual payment.

Dictated by me

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     President