1. The Ops being realtors floated a housing project named as “Sanhita” under P.S. – Cossipore in the District of South 24 Parganas in 2014 and the complainant being in need of dwelling unit got being No. 2C in the 2^nd Floor, Block – 3B31 with car parking space allotted in the said housing project at a consideration of Rs. 19,69,890/- (Rupees nineteen lakh sixty nine thousand eight hundred ninety) on the basis of complainant’s application dated 04.04.2014. Consequently, an agreement for sale was made on 19^th July, 2017. As per the said agreement, the allotted flat was due to be handed over by 13^th May, 2018. But the flat could not be completed by May, 2018 and the Ops informed the complainant on 31.07.2018 that delivery of possession would be made by March, 2019. Under such a peculiar situation, the complainant had to send advocate’s letter on 27.01.2021 seeking compensation in terms of the agreement. Since the OP failed to comply with the said notice the complainant was constrained to file this case on 08.10.2021 seeking refund with compensation, interest and cost and payment of Rs. 18,37,920/- was made by the complainant towards the purchase of the flat in between 25.07.2014 and 21.08.2018.

2. The Ops did not file any written version to contest the case for which the case practically heard ex-parte.

3. In support of his case, the complainant filed (a) copy of allotment letter dated 13.11.2014, (b) copy of agreement dated 19.07.2017, (c) copy of e-mails, (d) copy of notice dated 27.01.2021, (e) copy of letter of the OP dated 12.02.2021, (f) evidence on affidavit and BNA. Those documents filed by the complainant have not been unchallenged by the other side for which they may be presumed unfettered evidentiary value. From the documents filed by the complainant, it is abundantly clear that payment of Rs. 22,50,973/- (Rupees twenty two lakh fifty thousand nine hundred seventy three) was made by the complainant in favour of the OP in between 25.07.2014 and 21.08.2018 in eight installments for payment of the price of the flat and for taxes with following manner :-

– although the complainant has sought for an order for refund of Rs. 18,37,921/- together with compensation, interest and cost. It may be mentioned here that the aforesaid amount of Rs. 22,50,973/- was paid not only for the flat but also for the GST and other expenses. This is why the complainant has sought for refund of Rs. 18,37,921/- only after deducting the tax amount. The amount paid on account of tax is not recoverable one. Therefore, the prayer for refund of Rs. 18,37,921/- is quite justifiable one. It is also apparent from the material on record that due to the failure on the part of the Ops to complete the flat agreed to be sold within the specified time. The complainant had to back out from the scheme. It is equally true to say that the stand which was taken by the complainant after expiry of stipulated period was fully justifiable. It is the Ops who is guilty of deficiency in rendering service and for no fault on the part of the complainant the project could not be completed within time. The complainant who parted with huge amount for purchasing a flat with car parking space had surely to put up with agony and harassment and therefore he is entitled to get the same compensation from the Ops. The complainant’s prayer for direction to the Ops for refund of Rs. 18,37,921/- is also well founded one. The Ops will be put under direction to return Rs. 18,37,921/- with interest from the date of making last payment i.e. on 21.08.2018 @ 10% per annum. Considering the volume of the agony and harassment faced by the complainant due to the deficiency on the part of the Ops in effecting the completion of the housing project it can safely be opined that compensation amounting to Rs. 3,00,000/- if passed in favour of the complainant, would be just and proper. The complainant would also get sum of Rs. 25,000/- for litigation cost.

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

1. The Ops will return Rs. 18,37,921/- (Rupees eighteen lakh thirty seven thousand nine hundred twenty one) with interest @ 10% per annum with effect from 21.08.2018 till realization within a period of 45 days hence, failing which the amount will carry interest @ 12% per annum.
2. The Ops will also pay Rs. 3,00,000/- as compensation and Rs. 25,000/- as litigation cost totaling Rs. 3,25,000/- within 45 days hence, failing which the amount 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