Order No. 18  dt.  19/07/2019

            The case of the complainant in brief is that the complainant entered into an agreement with o.ps. for purchasing a flat on the 1^st floor measuring about 400 sq.ft. situated at 3/11, Narkeldanga Main Road, Kolkata and he paid an amount of Rs.5 lakhs. In spite of payment of the said amount the complainant was not provided with the flat and he requested the o.ps for providing the flat in question, but o,.ps. refused and neglected to comply the request of the complainant, for which the complainant filed this case praying for direction upon the o.ps. to hand over the possession and execute and register the deed of conveyance in respect of the flat in favour of the complainant as well as compensation and litigation cost.

                The o.p. nos.1 and 4 to 11 contested this case by filing w/vs and denied all the material allegations of the complaint. In their w/v o.p. no.1 stated that the claim made by the complainant is a false one and as such, o.p. no.1 prayed for dismissal of the case.

                In their w/v o.p. no.4 to 11 stated that in the petition of complaint there is no allegation against them, therefore, they are not liable to pay any compensation and litigation cost. On the basis of the said fact o.p. nos.4 to 11 prayed for dismissal of the case.

                In spite of receipt of notices the o.p. nos.2 and 3 did not contest this case by filing w/v and as such, the case has proceeded ex parte against them.

                The complainant filed evidence whereby he stated that he entered into an agreement with o.ps. for purchasing a flat on the 1^st floor measuring about 400 sq.ft. situated at 3/11, Narkeldanga Main Road, Kolkata and he paid an amount of Rs.5 lakhs. In spite of payment of the said amount the complainant was not provided with the flat and he requested the o.ps for providing the flat in question, but o,.ps. refused and neglected to comply the request of the complainant, for which the complainant filed this case.

                The complainant has filed the agreement for sale whereby it was categorically stated that within a year the flat will be provided to the complainant. It appears that the complainant entered into an agreement with o.p. no.1 and o.p. no.1 received the entire consideration amount of Rs.5 lakhs. During the pendency of this case o.p. no.2 died and her legal heirs have been made parties in this case. It appears from the materials on record that the complainant has not been provided with the flat, but o.p. no.1 received the amount of Rs.5 lakhs. The complainant has stated that the flat in question has already been handed over to a 3^rd party, for which the complainant has categorically stated that since the agreement cannot be implemented by providing the flat to the complainant, therefore, o.p. no.1 is to directed to refund the said amount as well as compensation and litigation cost. Since o.ps. did not adduce any evidence and also did not put any questionnaire to the complainant, therefore, we hold that the evidence filed by the complainant has got the substance and the complainant will be entitled to get the refund of the said amount as well as compensation and litigation cost. 

                Hence, ordered,

                That the CC No.80/2018 is allowed on contest with cost against the o.p. no.1 and dismissed ex parte against the o.p. nos.2 and 3 and dismissed on contest against the o.p. nos.4 to 11 without cost. The o.p. no.1 is directed to refund the amount of Rs.5,00,000/- (Rupees five lakhs) only to the complainant along with compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.