1. The Ops being developers floated a housing project named as “Evanie Econest” in Chandpur under P.S. – Rajarhat and the complainant being in need of residential accommodation entered into an agreement on 28.02.2017 with the developers for purchasing a flat measuring about 376.25 Sq.ft. on the 2^nd Floor in Phase – 1 of the said housing project at Rs. 11,33,100/- (Rupees eleven lakh thirty three thousand one hundred) and also made payment of Rs. 3,17,268/- (Rupees three lakh seventeen thousand two hundred sixty eight) following the terms of the said agreement. But the developers inspite of having received part payment for the flat abstained from raising construction for the aforesaid housing project, for which the complainant cancelled the agreement seeking refund on 26.11.2019. Due to non-compliance with the complainant’s request for making refund of the paid amount, the complainant has filed this case for refund, interest, compensation and cost.

2. The Ops, after filing W/V, skipped the further proceeding of the case, for which the case was practically heard ex-parte.

3. In support of his case, the complainant has filed (a) copy of agreement, (b) copy of money receipt, (c) copy of letter of cancellation, dated 26.11.2019, (d) copy of letters received from the developers and (e) evidence in chief. Those documents have gone unchallenged as the W/V does not contain any averment as against them. Rather the Ops have acquiesced in the claim of the complainant for refund by making necessary averment in the W/V.

4. It is an admitted fact that Evanie Econest Housing project never saw the light of the day and those who booked the flat in Evanie Econest are now running from pillar to post for getting back their booking money. The complainant is one of them. The copy of agreement and the money receipts are sufficient to prove that a sum of Rs. 3,17,268 was paid by the complainant for getting a flat in Evanie Econest. The Ops had under letter dated 14.08.2020 assured the complainant that the paid amount would be refunded shortly; but it is quite evident from the evidence in chief and also from W/V that the said refund has not yet been done. Therefore, the Ops are under obligation to return a sum of Rs. 3,17,268/- to the complainant with interest, compensation and cost. The rate of interest may be fixed at 10% per annum and in view of the amount of harassment and agony of the complainant and nature of deficiency in rendering service on the part of the Ops, the amount of compensation may be worked out at Rs. 50,000/-. A sum of Rs. 20,000/- may be awarded on account of litigation cost.

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

1. The Ops will return Rs. 3,17,268/- to the complainant with interest @ 10% per annum with effect from 23.02.2018 (i.e. from the date of agreement) till realisation within a period of 45 days hence, failing which the amount will accrue interest @ 12% per annum.

2. The Ops will also pay to the complainant compensation of Rs. 50,000/- and litigation cost of Rs. 20,000/- totalling Rs. 70,000/- 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