1. The OPs being the developers launched a housing project named as “Prince Town Platinum” in Kolkata, Leather Complex Area, under Beonta – 2 Gram Panchayat in the District of North 24 Parganas and the complainants having need for residential accommodation approached the developers for purchasing a flat in the proposed housing complex. They selected a flat measuring about 599.5 Sq.ft. on the 3^rd Floor 3BHK flat which was priced at Rs. 16,38,800/-. Accordingly an agreement was made by and between the developers and the complainants on 04.07.2018.
2. Payment of Rs. 4,58,864/- was made by the complainant on 26.03.2018 by virtue of the aforesaid agreement against receipt. It was in the agreement that the flat would be handed over to the purchasers within 40 months from the date of agreement. But the proposed housing project was not taken up by the OPs seriously and due to failure on the part of the OPs to raise construction of the agreed flat within the stipulated time and agreement for cancellation of the deal was made by and between the parties on 30.06.2019. But the terms for repayment or refund of the paid amount as set in the declaration dated 30.06.2019 was not adhered to and this is why the complainants have to filed this case seeking refund of Rs. 4,58,864/- for compensation and litigation cost.
3. The OPs entered appearance by filing W/V, raising questionnaire from the evidence of the complainants. But ultimately they did not take part in argument hearing. On the other hand, the complainants in support of their case have filed the following documents :-

4. The documents filed by the complainants have not been challenged by the other side on any ground what so ever. It is more or less an admitted fact that the Prince Town Platinum Housing Project did not see the light of the day although its developers collected money from the prospective purchasers with assurance to provide them with flats and most of those customers have set the law in motion for getting refund of the paid amount. The complainants are two of them.
5. The unchallenged agreement read with the money receipts and the declaration dated 03.06.2019 and the agreement for cancellation dated 02.04.2019 are sufficient to prove that payment of Rs. 4,58,864/- was made by the complainants in favour of the OPs for purchasing a flat measuring about 599.5 Sq.ft. in the 3^rd Floor of Prince Town Platinum Housing Project. It is also clear from the materials available on record that no part of the paid amount has been refunded to the complainants so far.
6. The complainants who advanced a sum of Rs. 4,58,864/- for getting a flat in the proposed housing complex came to know that the said housing project would not be completed by the developers and since then they continued to suffer mentally and financially. Certainly they are entitled to compensation and it may be worked out at Rs. 50,000/-. For the filing of this case and for proceeding therewith the complainants had to part with a considerable amount and for this reason they should get a sum of Rs. 25,000/- on account of litigation cost. There will be an order for refund of the paid amount with interest.
7. Hence, it is ordered, that :-

The case be and the same is allowed with cost of Rs. 25,000/-. The OPs will pay Rs. 4,58,864/- with interest @ 12% per annum from the date of payment till realization within a period of 45 days hence, failing which the amount will accrue interest @ 14% per annum.

They will also pay compensation of Rs. 75,000/- and litigation cost of Rs. 25,000/- totalling Rs. 1,00,000/- within a period of 45 days hence, failing which the amount will carry 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