1. The OP 1 and OP 2 are the developers and the rest Ops are the land owners in respect to 2 Cottahs 4 Chittaks of land appertaining to Plot No. 509/697, Holding No. 723, Ward No. 24(new) at Nainan Musalman Para Lane within Baranagar Municipality and they executed a development agreement for the development of the aforesaid land into multi storied building. Accordingly the developers got a plan sanctioned and it was aired by them that flats in the proposed multi storied building would be sold out. The complainant being in need of flat agree to purchase a flat measuring about 430 Sq.ft. on the 1^st Floor on the Western Side of the said multi storied building at a price of Rs. 12,90,000/- (Rupees twelve lakh ninety thousand). An agreement for sale was signed by the developers and the purchaser on 28.07.2019. Pursuant to the terms of the agreement, payment of Rs. 2,79,000/- (Rupees two lakh seventy nine thousand) was made on 15.08.2019 and Rs. 10,000/- on 02.08.2019. But neither the flat was delivered to the complainant nor the sale deed was executed or registered by the developers. All the requests made by the complainant for execution and registration of sale deed went in vain. Neither the multi storied building nor the booked flat was constructed by the developers. This is why the complainant sent an advocate’s letter on 22.03.2021 seeking refund of the paid amount and the Ops neglected to comply with the same. Consequently, consumer case was filed by the complainant on 25.11.2021 seeking several reliefs from the Ops.

2. In spite of having received the copy of notice about the pendency of the case against them none of the Ops have filed W/V to contest the case. As a result the case was practically heard ex-parte.

3. In support of his case, the complainant has filed (a) evidence on affidavit, (b) photocopy of power of attorney dated 13.08.2015 executed in favour of the developers, (c) development agreement dated 31.03.2016, (d) copies of money receipt, (e) sale agreement dated 28.07.2019 and (f) copy of letter dated 22.03.2021. The documents filed by the complainant have gone unchallenged for which they may be presumed to carry unfettered evidentiary value. From the undisputed documents, it is quite clear that Rs. 2,89,000/- was paid by the complainant to the developers towards the cost of flat and that the Ops neglected to perform their part agreement dated 28.07.2019 in spite of having received aforesaid part payment. It is also clear from the material on record that there was an agreement between developers and the land owners for the development of land owner’s land into a multi storied building. It is equally clear from the material on record that payment of Rs. 2,89,000/- was received by the developers with an undertaking that they would deliver the flat in question after accepting the balance amount.

4. It goes without saying that the development of the land into a multi storied building was not carried out by the developers in time. It is also obvious from the record that the booked flat was not constructed for the reasons best known to them. The complainant who parted with sum of Rs. 2,89,000/- in August, 2019 with a hope that he would get a flat by making payment of the balance amount had to run from pillar to post. Apparently, the developers utilized complainant’s money since August, 2019 for their own benefit and therefore they will compensate the complainant for his harassment and agony. They would also be put under direction to return the paid amount with interest @ 10% per annum with effect from 31.08.2019.

5. After taken into account, the dimension of harassment and agony of the complainant, the compensation amount may be worked out at Rs. 70,000/-. The complainant would also get Rs. 30,000/- on account of litigation cost.

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

1. The OP 1 and OP 2 will return Rs. 2,89,000/- (Rupees two lakh eighty nine thousand) to the complainant with interest @ 10% per annum with effect from 31.08.2019 till realization within a period of 45 days hence, failing which the amount will accrue interest @ 12% per annum.

2. The OP 1 and OP 2 also pay Rs. 70,000/- as compensation and Rs. 30,000/- as litigation cost totalling Rs. 1,00,000/- within a period of 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