1. The Ops being realtors floated a housing project named as “Prince Town” in Beonta – 2 Gram Panchayat area under Leather Complex Police Station in South 24 Parganas in 2016 and the complainant being in need of a flat selected a 3BHK Flat with car parking space priced at Rs. 17,80,407/- (Rupees seventeen lakh eighty thousand four hundred seven) only and accordingly submitted an application for purchase of the same. Allotment letter was issued by the OP there for on 20.10.2016. Payment of Rs. 3,50,000/- was made by the complainant in two installments by 30.06.2017. But the developers did not take up the housing project seriously and did not give a start to the construction work for which the complainant detained himself for making payment of balance amount. On 29.03.2019 the complainant cancelled the booking by sending a letter to the Ops. But the Ops neglected to return the paid amount to the complainant in compliance with his repeated request for which he had to file this case on 27.12.2021 seeking direction to the Ops for taking necessary steps for lawfully transfer the booked flat or in the alternative for causing refund of the paid amount with interest, compensation of Rs. 2,00,000/- and also for other reliefs.

2. The Ops did not file W/V within time to contest the case for which the case was heard ex-parte.

3. In support of his case, the complainant has filed (a) copy of allotment letter, (b) evidence in chief, (c) copy of receipt dated 20.10.2016 showing payment of Rs. 2,00,000/- and (d) copy of receipt dated 30.06.2017 showing payment of Rs. 1,50,000/-, (e) copy of letter addressed to the OP dated 29.03.2019 seeking refund of the paid amount etc. Those documents have gone unchallenged for which they may be taken into serious consideration. It is apparent from the aforesaid money receipts and the copy of letter dated 29.03.2019 it is abundantly clear that Rs. 3,50,000/- was paid by the complainant to the developers towards the purchase of the booked flat. From the evidence of the complainant, it transpires that the Prince Town Housing Project was left by the developers in abandoned condition for reasons best known to them. As we all know the Prince Town Housing Project never saw the light of the day. With assurance to provide them with flat the developers collected money from the intending buyers. The complainant appears to be one of them. It stands to reason that the Ops who collected Rs. 3,50,000/- from the complainant with assurance to provide him with a flat have since been utilizing the said money for their own benefits. Such an act of the OP comes within the ambit of unfair trade practice. The complainant is therefore entitled to an order for refund of Rs. 3,50,000/- with interest, compensation and cost. In view of the amount of harassment and agony to which the complainant was subjected and in view of period of his sufferance the amount of compensation may be fixed at Rs. 75,000/-. The rate of interest is fixed at 10%, litigation cost to which the complainant is otherwise entitled may be worked out at Rs. 25,000/-.

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

1. The Ops will return to the complainant Rs. 3,50,000/- (Rupees three lakh fifty thousand) with interest @ 10% per annum with effect from 30.06.2017 (the date of second payment) till realization within a period of 45 days hence, failing which the amount will accrue interest @ 12% per annum.
2. The Ops will also pay Rs. 75,000/- as compensation and Rs. 25,000/- as litigation cost totaling 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