1. The Ops being realtors floated a housing project in Beonta 2 No. Gram Panchayat in the District of South 24 Parganas named as “Prince Town Platinum” and the complainant being in need of dwelling unit booked a flat in the said housing project measuring about 560.65 Sq.ft.  +  114 Sq.ft. priced at Rs. 21,01,695/- (Rupees twenty one lakh one thousand six hundred ninety five) by making payment of Rs. 2,20,000/- on 28.05.2017 and Rs. 3,29,440/- on 02.04.2017. Accordingly an agreement was signed by them on 19.04.2017. But even after having received Rs. 5,49,440/- in the aforesaid manner the Ops neglected to start the construction work for the said housing project. After waiting for a reasonable period the complainant approached the Ops seeking refund of the paid amount time and again. Lastly on 15.03.2021 the complainant sent a letter requesting Ops for returning the paid amount. But the amount was not returned for which the complainant had to file this case on 23.12.2021 seeking refund of Rs. 5,49,440/- with interest, compensation and cost.

2. The Ops did not turn up in spite of having received the notice of complaint for which the case was heard ex-parte.

3. In support of his case, the complainant has filed (a) copy of agreement for sale dated 19.07.2019, (b) copy of money receipt and (c) copy of notice dated 13.12.2021 which was sent to the Ops demanding refund etc. Those documents have gone unchallenged for which they may be supposed to carry impeccable evidentiary value. Those unchallenged documents appear to be sufficient to prove that Rs. 5,49,440/- was paid by the complainant to the developers with a view to purchase a flat in “Prince Town Platinum” housing project. It is also sufficiently clear from those documents that “Prince Town Platinum” housing project was not taken up by the developers seriously and the said housing project did not eventually see the light of the day. The reason for which the Ops neglected to take up the said housing are only known to the developers. It is easy to infer that the realtors collected money from the prospective buyers with assurance to provide them with flats and neglected to return the same. The complainant like others had to run from pillar to post for getting back the paid amount. He had to put up with pangful anxiety, harassment and pain since after 28.05.2017 for the deceitful act done by the Ops. The Ops should therefore be put under order to return Rs. 5,49,440/-. The complainant would also get interest @ 10% per annum on paid amount with effect from 28.05.2017 together with litigation cost of Rs. 25,000/-. In view of the amount of harassment, pain and anxiety, volume of compensation may be fixed at Rs. 90,000/-.

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

1. The Ops will pay Rs. 5,49,440/- (Rupees five lakh forty nine thousand four hundred forty) with effect @ 10% per annum with effect from 28.05.2017 till realization within a period of 45 days hence, failing which the amount will carry interest @ 12%.
2. The Ops will also pay Rs. 90,000/- as compensation and Rs. 25,000/- as litigation cost totaling Rs. 1,15,000/- 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