1. The complainant has  filed this case under Section 12 of the CP Act against P.J Infra, a proprietorship firm (Op 1), Mr. Joydeep Ghosh, Propriety of P.J Infra (Op 2) and Mr. Pankaj Kumar Roy (land owners), Mr. Swaraj Kumar Roy (another land owner) and Mr. Ranjit Kumar Roy (land owner) for direction to Op 1 and 2 for handing over the possession of 750 Sqft. Flat in favour of the complainant and for compensation of Rs. 1,50,000/- and also for cost and other reliefs on the ground that the aforesaid flat at premises number 91/2 S.K Deb Road, 4^th by-lane under P.S- Lake Town which was the subject matter of an agreement for sale dt. 26.04.2017.
2. Under the aforesaid agreement dated 26.04.2017, the developers (Op 1 and 2) agreed to sale the aforesaid 750 Sqft flat in the proposed building at premises number 91/2 S.K Deb Road, 4^th by-lane under P.S- Lake Town after accepting a sum of Rs. 5,35,000/- by Cheque no. 312773 of UCO Bank, Cheque no. 521873 of UBI Bank, Cheque no. 521874 of UBI Bank, Cheque no. 615605 of SBI Bank and also Rs. 35,000/- in cash. There was a stipulation in the agreement that the construction of the aforesaid building  would be done within 50 days, But on 04.09.2017 the complainant came to know from a letter sent by the developers that litigation cropped up in between the developers and land owners for which the construction work could not proceed. Be that as it may, the developers have neither refunded the aforesaid amount of Rs. 5,35,000/- nor handed over the possession of the flat under valid sale deed. This is why the complainant has filed this case for the reliefs as pointed out above.
3. Inspite of having received notice requiring their presence before this Commission, none of the Ops has appeared by filing WV. This is the reason for which the case has been heard ex parte.
4. The only point which needs to be decided is whether the complainant is entitled to get relief sought for or not.
5. In support of his case, the complainant has filed an evidence on affidavit and the relevant documents inclusive of i) coy of agreement, ii) developer’s agreement, iii) documents relating to payment of Rs. 5,35,000/- received by Op 1 and 2. iv) Advocate’s letter sent by Op 1 and 2 on 23.09.2017 and v) copy of order sheet of Title Suit number 732/2017 which was filed by Op 2 against Mr. Pankaj Kumar Roy on 28.08.2018 before Civil Judge/ Senior Division, 2^nd Court, Barasat.
6. That payment of Rs. 5,35,000/- was received by Op 1 and 2 from the complainant has not been denied by the Ops by sending letter or otherwise. It is more or less an admitted fact that there was a development agreement in between the land owners and developers for development of premises number 91/2 S.K Deb Road, 4^th bylane under P.S- Lake Town into a multi storied building and under an agreement for sale the developers accepted Rs. 5,35,000/- for selling a 750 Sqft flat in the proposed multi storied building at premises number 91/2 S.K Deb Road. The price of the flat was fixed at Rs. 15,00,000/-. It is obvious from the record that due to the litigation broke out in between the developers and the promoters, construction work could not be finished. May be that title suit number 732/2017 is still pending before the Hon’ble Civil Judge/ Senior Division, 2^nd Court, Barasat. Needless to say here that the agreement for sale which bears signatures of the developers and the complainant relates to the flat falling under developer’s allocation. The other signatories i.e. land owners witnessed the agreement for sale of the aforesaid flat.
7. Be that as it may it is not easy to say when the construction work would be completed due to the pendency of the litigation of Civil nature. Therefore, it would not be proper for us to ask the Op 1 and 2 to sell the flat on accepting the balance amount.
8. Under the facts and circumstances as gathered from the record, it would be wise for us to record an order for refund of the amount with interest compensation and cost. The complainant has suffered loss of interest, pain and agony and also harassment. He has to file this case against the Ops and to proceed therewith for long to establish his right against the Ops for which he is certainly entitled to get litigation cost amounting to Rs. 25,000/-. The compensation amount may be fixed at Rs. 1,00,000/-. The Op 1 and 2 will shoulder the responsibility for payment of the aforesaid amount.
9. Hence it is ordered that the case be and the same is allowed ex parte.
10. The Op 1 and 2 will pay Rs. 5,35,000/- with interest @ 9% pa. from the date of payment till realization within a period of three months hence failing which the amount will accrue interest @ 12% instead of 9%.  He will also pay Rs. 1,25,000/- for compensation and litigation cost to the complainant within 30 days hence, failing which the amount will interest @ 12% pa.

Let plain copy be given to the parties free of cost, as per CPR.

Dictated and corrected by

           [HON'BLE MR. Lakshmi Kanta Das]
                         PRESIDENT