1. The OPs being the developers launched a housing project named as King Town-New Town in Mouza-Zirangacha, plot no. 45, 46 and 47 under P.S.- Cossipore in South 24 pgs and made advertisement inviting applications from the perspective buyers. The complainant who was a need of dwelling unit contacted the OPs and selected row housing priced at Rs. 37,00,000/- and made an agreement with OPs on 24.10.2017. Under the aforesaid agreement payment of Rs. 7, 85,019/- was also made by the complainant.
2. Since the developers failed to create infrastructure for the King Town-New Town housing project and also to raise a construction therefor, the complainant sent notice dated 02.03.2020 through his Advocate seeking refund of the paid amount but the notice went unheeded for which the complainant has filed this case on 21.09.2020 seeking refund, compensation, interest and cost.
3. The OPs contesting the case by filing W/V. The developers however, admitted the agreement dated 24.10.2017 by making necessary averments in the written version under para 8. However, they sought for dismissal of the case.
4. It is more or less admitted fact that the King Town-New Town housing project was never constructed by the developers although they collected money from the perspective buyers with an assurance for providing dwelling units to them. The complainant who advanced a handsome amount for acquiring a dwelling unit in the proposed housing project was surely disappointed to see the recessive stands taken by the developers. He did not get the booked dwelling unit and have not also received refund amount. The developers who were asked under letter dated 02.03.2020 for refunding the paid amount was unjustified in ignoring the claim of the complainant for refund. The complainant has since 02.03.2020 been suffering mentally and financially. For  mental pain and agony he is surely entitled to compensation from the OPs and keeping in view the volume and length of his suffering the amount of compensation may be fixed at Rs. 50,000/- (Rs. Fifty thousand). Again had he invested the aforesaid amount in any other profit generating scheme he would have earned interest thereupon with effect from 24.10.2017. Therefore, the aforesaid amount of Rs.7, 85,019/- (Rs. Seven lakh eighty five thousand nineteen) which is payable by the OPs will carry interest @10 % p.a. with effect from 24.10.2017. The complainant would get Rs. 20,000/- (Rs. Twenty thousand) on account of litigation cost.

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

1. The OPs will pay Rs. 7, 85,019/- (Rs. Seven lakh eighty five thousand nineteen) with interest @10% p.a. to the complainant within 45 days hence failing which the said amount will accrue interest @12% p.a.
2. The OPs will also pay to the complainant Rs. 50,000/- (Rs. Fifty thousand) as compensation and Rs. 10,000/- (Rs. Ten thousand) as litigation cost totalling Rs. 60,000/- (Rs. Sixty thousand) within 45 days hence failing which the amount will accrue interest @12% p.a.

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]
PRESIDEN