1. The OPs being the realtors joined hands with the owners of 59.90 decimals of land appurtenant to Mouza-Hatiara, P.S.- New town, Ward No.-18 of Rajarht Municipality under a development agreement executed in the year 2011, 2012 and 2015 and got a plan sanctioned on 28.10.2013 for a multi storied building having various saleable areas in blocks and complexes named as ‘Fortune Sqare’. The complainant being in need of dwelling unit selected the flat being no. D in 4^th floor having an area of 819 sq.ft. in Block- A along with a car parking space in the said ‘Fortune Square’ and submitted application for purchase of same by issuing a cheque being no. 018427 on 28.03.2016 for a sum of Rs. 51,000/-. Consequently an agreement for sale was signed by the complainant and the OPs on 09.05.2016. The price of the flat with car parking space was fixed at Rs. 34, 97,130/- + Rs. 3, 50,000/- totalling Rs. 38, 47,130/-. Further payment of Rs. 7, 05,746/- was made by the purchaser by cheque being no. 530155 dated 30.05.2016. Thus, the total payment for the property under agreement came to Rs. 7, 56,746/-. Although the seller agreed to hand over the booked flat within 30 months from 01.06.2016, but they skipped the steps for raising construction of the housing complex including the flat of the complainant. On being challenged by the complainant, the OPs agreed to return the paid amount to the complainant on 30.01.2019. But neither the paid amount was returned nor the OPs took any steps for raising the construction for which the complainant was compelled to send legal notices on 30.01.2020 demanding refund for interest, compensation. Since the notice went unheeded the complainant had to file this case on 30.09.2020 seeking refund, compensation, interest and cost.
2. The OPs contested the case by filing W/V and denying the material averments made in the petition of complaints. But the written statement does not contain any averments to assert that Rs. 7, 56,746/- was not paid by the complainant for the agreed flat and car parking space or that flat in question was not left in abandoned.
3. In support of his case, the complainant has filed the (a) evidence on affidavit, (b) money receipts, (c) agreement for sale dated 09.05.2016, (d) letter dated 03.01.2019 and (e) legal notice dated 03.01.2020 in addition to BNA. The documents filed by the complainant have gone unchallenged for which they may be supposed to carry unfettered evidentiary value. It is abundantly clear from the documents on record that payment of Rs. 7, 56,746/- was made by the complainant for a flat together along with car parking space in ‘Fortune Square’. It is also abundantly clear from the material on record and also from the reply to the questionnaire filed by the OPs that the ‘Fortune Square’ housing project was not taken up seriously by the OPs.
4. As a matter of fact, the said housing project did not see the light of the day. The OPs, on the other hand collected Rs. 51,000 on 28.03.2016 and Rs. 7, 05,746/- on 30.05.2016 from the complainant with an assurance that the flat together with a car parking space would be handed over to him within a period of 30 months from 01.06.2016. The OPs who has openly keen utilising the complainant’s money to the tune of Rs. 7, 56,746/- for nothing on and from 30.05.2016. Obviously they are guilty of unlawful trade practice. The complainant who parted with huge amount with a hope that he would get a flat within a period of 30 months have already suffered agony, harassment and loss of interest for which he is entitled to compensation from the OPs. The OPs should be put under order to return the paid amount with compensation which may be calculated at Rs. 1, 00,000/- with interest @10%p.a. with effect from 30.05.2016. The complainant will also get a sum of Rs. 25,000/- on account of litigation cost.

The case is thus disposed of with the following directions:-

1. The OP will returned Rs. 7,56,746/- with interest @10% p.a. with effect from 30.05.2016 till realisation within a period of 45 days hence failing which the amount will carry interest @12% p.a.
2. The OP will also pay Rs. 1,00,000/- as compensation and Rs. 25,000/- totalling Rs. 1,25,000/- within 45 days hence failing which the amount will accrue interest @12% p.a.

Let a plain coy be given to the parties free of cost as per CPR.

Dictated and Corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT