1. The Ops being developers launched a housing project named as “Evanie Econest” in Rajarhat area under P.S. – Rajarhat in the District of South 24 Parganas and made advertisement in the newspaper inviting application from the intending purchaser of flats in 2017. The complainant who was in need of dwelling unit selected a flat measuring about 535.63 Sq.ft., priced at Rs. 15,28,362/- (Rupees fifteen lakh twenty eight thousand three hundred sixty two) in Phase – 1 of the said project and submitted application for allotment of the same. The said flat was consequently allotted and an agreement was entered into in between the developers of the complainant on 08.08.2017. Payment of Rs. 4,27,941/- was also made on 08.08.2017 and 29.11.2017 in two cheques by the complainant. But after gap of sometime out of curiosity the complainant visited the site and was shocked to see no traces of ongoing construction at the site. He came to realize that the said housing project including booked flat would not be completed in time. Feigning ignorance about the absence of ongoing construction at the site the complainant asked the Ops to hand over the booked flat and also to execute and register sale deed and in default to refund the entire paid amount. Even letter was sent demanding delivery of possession coupled with execution and registration of sale deed or in default refund of the paid amount. But the Ops were heard to say that the project would be collected in time. Finding no other option open to him the complainant had to file this case on 15.10.2022 for refund with interest, compensation and cost.
2. The Ops skipped every stage of the proceeding without doing anything, for which the case was practically heard ex-parte. Even at the stage of argument none appeared to advance any argument on behalf of the Ops. Be that as it may, we are to arrive at a decision on the basis of the material produced by the complainant as to whether the direction upon Ops for making refund with interest, compensation and cost should be passed or not.
3. In support of his case, the complainant has filed (a) copy of agreement, (b) copy of issued cheques, (c) copy of money receipts granted by the developers for Rs. 4,27,941/- and (d) evidence on affidavit and also BNA. Those documents have gone unchallenged and naturally they maybe supposed to bear impeccable evidentiary value. They are quite reliable.
4. It is our common knowledge that “Evanie Econest Housing Project” which was floated by the OPs for collection of money from the prospective buyers with futile promise to provide them with flats never saw the light of the day. From the evidence on affidavit read with unchallenged money receipts and copy of agreement, dated 16.03.2018 it is abundantly clear that Rs. 4,27,941/- was advanced by the complainant in tune with the aforesaid agreement for purchasing a flat. It is also clear from the evidence on record that no part of the paid amount has so far been refunded by the Ops. The Ops who are making use of the complainant’s money amounting of Rs. 4,27,941/- since before 16.03.2018 should be put under direction to return the same to the complainant. At the same time, the complainant who has been suffering from agony, anxiety and harassment since after 16.03.2018 due to the oblique design on the part of the Ops should be awarded some compensation. In view of the amount of anxiety, harassment and agony and also in view of the length of complainant’s sufferance the amount of compensation may be fixed at Rs. 60,000/-. The order of refund is needed to be passed with interest @ 10% per annum. The complainant who had to run this case for getting justifiable relief since 15.10.2020 will get Rs. 25,000/- on account of litigation cost.
5. The case is thus disposed of with the following direction :-
6. The Ops will pay Rs. 4,27,941/- (Rupees four lakh twenty seven thousand nine hundred forty one) with interest @10% per annum with effect from 16.03.2018 (i.e. from the date of agreement) till realization within a period of 45 days hence in default the amount will carry interest @12% per annum.
7. The Ops will also pay Rs. 60,000/- as compensation and Rs. 25,000/- as litigation cost totalling Rs. 85,000/- within a period of 45 days hence, failing which the amount will accrue 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