1. This is the case of the complainant which filed by Mr. Abhirupa Poddar and his wife Usashi Real Estates Pvt. Ltd. and its official on 02.07.2020 under Section 12 read with 13 & 14 of the CP Act, seeking direction upon the Opposite parties for execution and registration of sale deed in respect to 3 BHK flat measuring about 599.5 sq.ft.  flat on the 2^nd floor of 'PRINCE TOWN PLATINUM' (herein after called as the suit property) in favour of the complainants and in the alternative for refund of Rs. 4,42,000/-  with compensation, interest and cost. 
2. It is the case of the complainant that on being attracted by the advertisement made by the Op for sale of flats in 'PRINCE TOWN PLATINUM' the complainant visited the office of the OP andselected the aforesaid flat in the said housing project which was priced at Rs. 17,43,000/-. Accordingly he they entered into an agreement with the OP on 18.07.2017 advancing a sum of Rs. 4,42,000/- for the purchase of the aforesaid flat.
3. As per agreement, the project was due to be completed within a period of 40 months from the date of agreement. But with the passage of time the complainant could realize that the proposed housing project would not see the light of the day for which he sent a letter on 04.03.2019 and thereafter on 03.05.2019 and even thereafter for cancellation of agreement demanding refund of the paid amount. But no part of the same was refunded by the Op. This is why they have filed this complaint for the aforesaid relief on 02.07.2020.
4. With a view to contest the case the Ops filed written version on 23.12.21 ; but since thereafter they skipped every stage of the proceeding for some unknown reasons. Be that as it may, it needs to be mentioned here the OP has omitted to deny the claim of the complainant by making necessary averment in the written version.
5. In support of this case, the complainant filed evidence on affidavit, the money receipt granted by the Op for Rs. 4,42,000/-, copy of agreement, the copies of letters sent to the Op seeking refund etc. The documents filed by the complainants have not been challenged by the OP. and for being unchallenged they may be supposed to carry impeccable evidentiary value.
6. The Ops have abstained from denying the claim of the complainant that Rs. 4,42,000/- was paid for a flat in PRINCE TOWN PLATINUM and that the said project did not see the light of the day. It is abundantly clear from the documents on record and also from the contentions advanced by the Ld. Advocate of the Ops that the said project could not be translated into reality and that Rs. 4,42,000/- which was advanced by the complainant for a flat has not been refunded. It goes without saying that the complainant has every right to get back the money advanced on 18.07.2017 with interest compensation and cost.
7. In view of the volume of complainant's harassment, mental pain and agony the amount of compensation, may be worked out at Rs. 50,000/-. Litigation cost, in our view, may amount to Rs. 25,000/-.
8. Hence, it is ordered that :-

the case be and the same is allowed on contest.The Op would pay Rs. 4,42,000/- within 3 months hence with interest @ 10 % pa. with effect from 18.07.2017 till realization, failing which the amount will accrue interest @ 12% pa. Ops will also pay Rs. 50,000/- for compensation and Rs. 25,000/- for litigation cost totaling Rs. 75,000/- within 3 months hence, failing which the amount will accrue interest @ 12% pa.

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