1. The Ops being realtors floated a housing project named as “Prince Town Platinum” under Leather Complex Police Station in South 24 Parganas in 2017 and the complainant being in need of a dwelling unit selected a 2BHK flat of 417 Sq.ft. in Phase – 1 of that housing project. The said flat was priced at Rs. 10,29,830/- (Rupees ten lakh twenty nine thousand eight hundred thirty) . Accordingly he and the Ops signed an agreement on 12.08.2017. The complainant made payment of Rs. 1,41,276/- on 24.02.2017, Rs. 1,07,623/- on 11.06.2017 and Rs. 20,000/- on 28.09.2016 and Ops acknowledged receipt of those payments. But the complainant detained himself from making payment of the balance amount due to the abstention on the part of the Ops from starting the construction work for the said project. On account of failure of the Ops to take up the housing project sincerely the complainant had no option but to seek for refund of the said amount by issuing a letter dated 16.12.2019. Ultimately he had to file this case on 29.12.2021 as no refund was made in compliance with the complainant’s letter.

2. The Ops did not file any written version within the statutory period to contest the case for which the case was almost heard ex-parte.

3. The complainant has, in support of his case, filed (a) copy of agreement dated 12.08.2017, (b) evidence on affidavit, (c) copy of money receipt which is appended at the bottom of the agreement relating to payment of Rs. 2,68,899/- being made by the complainant, (d) separate money receipt for the aforesaid amount of Rs. 2,68,899/-, (e) copy of letter dated 05.12.2019 etc. Those documents have gone unchallenged for which they maybe supposed to carry impeccable evidentiary value. It is abundantly clearly from those documents – particularly from the money receipts – that with a view  to purchase of a flat of 417 Sq.ft. from the OP in the proposed housing complex named as “Prince Town Platinum”. The complainant parted with sum of Rs. 2,68,899/- in three installments. It also becomes clear from the material available on record that the said housing project never saw the light of the day.

4. It transpires from the record that the Ops floated the said housing project by making advertisement in print and electronic media inviting application from the prospective buyers for flat in the said housing project. Obviously those having need of residential accommodation came forward in response to such advertisement and invested money for purchasing flat. The complainant was one of them. What the realtors did is that they collected money by such deceitful mean from the intending buyers and utilized the same for their own benefit instead of raising construction of the housing project. The complainant like other applicants had to incur loss of interest upon Rs. 2,68,899/- and to put up with anxiety, harassment and agony. Such being the position, the Ops should be made under order to return the paid amount to the complainant with interest, compensation and cost. The rate of interest maybe fixed at 10% per annum and the amount of compensation may, in view of the volume of complainant’s sufferance be fixed at Rs. 50,000/-, the complainant will also get a sum of Rs. 25,000/- as litigation cost.

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

1. The OP will return to the complainant Rs. 2,68,899/- (Rupees two lakh sixty eight thousand eight hundred ninety nine) with interest @ 10% per annum with effect from 12.08.2017 (i.e. from the date of agreement) till realization within a period of 45 days hence, failing which the amount will accrue interest @ 12% per annum.
2. The OP will also pay Rs. 50,000/- as compensation and Rs. 25,000/- as litigation cost totalling Rs. 75,000/- 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