1. The complainant has filed this case against the developers (OP 1 and OP 2) on 06.03.2018 seeking direction to the Ops for refund of the paid amount of Rs. 13,37,000/- (Rupees thirteen lakh thirty seven thousand) only, interest @ 12% per annum, litigation cost of Rs. 15,000/- on the ground that the Ops who agreed on 28.12.2014 to sell a flat at Rs. 18,20,000/- and took advance of Rs. 13,37,000/- had failed to complete the said flat within the stipulated period i.e. 30.09.2015.

2. It is the next case of the complainant that in January, 2017 the complainant came to know about the illegal construction raised by the developers without sanction of Dum Dum Municipality for which the complainant demanded production of completion certificate; but the OPs could not provide the same to the complainant and also did not agree to refund the paid amount of Rs. 13,37,000/-. According to the complainant, the Op committed gross negligence and unfair trade practice vitiating the agreement for sale dated 28.12.2014. Neither the transfer by way of delivery of possession coupled with execution and registration of sale deed within the stipulated time i.e. to say 30.09.2015 was made by the OP nor he has refunded the paid amount to the complainant up till now. This is why he has filed this case seeking reliefs.

3. The OP entered appearance and filed W/V after expiry of the statutory period for which the W/V was not accepted. The OP also did not adduce evidence although enough scope was given to the office for doing so. They have not contested the case by filing W/V within time or by filing evidence. On the other hand, the complainant has filed affidavit in chief, copy of agreement, copy of letter asking the OP for refund, money receipt in respect to Rs. 13,37,000/- which were granted by the OP and BNA. Neither the BNA has been challenged by the OP by filing BNA nor other documents produced by the complainant have been questioned by the OP on any ground whatsoever. Those documents have gone unchallenged and therefore may be deemed to carry impeccable evidentiary value. The documents filed by the complainant are therefore quite acceptable. Basing upon those unchallenged documents we find that the complainant paid Rs. 13,37,000/- in four instalments in connection with the agreement for sale dated 28.12.2014.

4. It is found from the material on record that the OP agreed to sale a 4^th Floor Flat to be constructed upon 290, Motilal Colony by the developers and collected a sum of Rs. 13,37,000/- from the complainant. It goes without saying that the proposed building was not fully constructed by 30.09.2015 and additional floor was also raised by the developers. Therefore the complainant was justified in seeking refund of the paid amount. The Ops who have failed to perform their part of the contract have got any reason to retain money taken from the complainant. The money they are utilizing since before December, 2016 to make unlawful gain will carry interest at reasonable rate and 10% per annum may be regarded as reasonable interest. The complainant would get Rs. 13,37,000/- from the Ops with interest @ 10% per annum with effect from 17.12.2016. The complainant who has suffered a lot for the unlawful trade practice exercised by the Ops for years together would surely get compensation from the Ops and the amount of compensation may be fixed at Rs. 1,00,000/-. He will also get Rs. 25,000/- as litigation cost.

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

1. The OP will pay Rs. 13,37,000/- with interest @ 10% per annum with effect from 17.12.2016 till realization within the period of 45 days, failing which the amount will accrue interest @ 12% per annum.

2. The OP will also pay Rs. 1,00,000/- as compensation and Rs. 25,000/- as litigation cost totalling Rs. 1,25,000/- within the 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