1. This is an application under Section 12 of the CP Act of Sri Ashok Srivastav of 353 BT Road, Cossipore, Kolkata 700002. Op 1 to 4 are the land owners and the rest Ops are the developers. Ops had entered into an agreement with the complainant on 04.09.2014 for sale of 485 sq ft flat on RS Plot no. 6, Khatian no. 3497, Holding no. 61 and 109 being premises no. 4A of Rai Jogendra Nath Chowdhury Lane, P.S Baranagar, Kolkata- 700036 at Rs. 12,60,000/- and took advance of Rs. 80,000/- thereunder.
2. It was settled by and between the parties that Rs. 2,80,000/- would be paid at the time of delivery of the possession and registration of the said flat within a period of six months, but neither the flat was transferred to the complainant, nor the aforesaid amount of Rs. 9,80,000/- was refunded by the seller. This is why the complainant has filed this case.
3. Inspite of having received the notice/s in connection with this case,  all the Ops abstained from entering appearance or filing WV or evidence, for which the case was heard ex parte.
4. The complainant produced the evidence on affidavit, the copy of the development agreement dt. 04.09.2014 in support of his case. The copy of the agreement bears a receipt granted by the developers acknowledging the payment of Rs. 9,80,000/- by the complainant in respect to the aforesaid flat. It is in the agreement dt. 04.09.2014 that the Ops agreed to deliver the flat in question within six months commencing from 04.09.2014 and the complainant would pay the balance amount at the time of delivery of possession coupled with execution and registration of the sale deed.
5. The mere fact that the Ops, who are the promoters and land owners in so far as premises no. 4A of Rai Jogendra Nath Chowdhury Lane, P.S Baranagar, Kolkata- 700036 is concerned, have skipped the Trial of this case goes to suggest that they have hardly any ground to resist the claim of the complainant touching upon payment of Rs. 9,80,000/-. Had they any ground as against the agreement dt. 04.09.2014 they would have contested the case pressing their demand? The evidence and the documents as produced by the complainant go unchallenged under such a situation.
6. It is clear from the evidence on record that inspite of having paid a sum of Rs. 9,80,000/- on or before 04.09.2014 in favour of the Ops, the complainant has got neither the flat nor the flat value. On the other hand he continue to suffer at the hands of the Ops with effect from six months after 04.09.2014. Much water have flown in the river of Ganges in the meantime. Substantial de-valuation has taken place in the meanwhile. Such being the position , the complainant should be allowed to get interest on Rs. 09,80,000/- @ 12% p.a. Considering the volume of harassment he has undergone in the meanwhile we think that a sum of Rs. 2,00,000/- should be awarded under the head of compensation. There is no denying the fact that he had to cough up no less than Rs. 1,00,000/- on account of litigation cost. It may be conjectured that third party interest has already been created in respect to the aforesaid flat as such, we are not inclined to record an order for transfer of the flat by the Ops in favour of the complainant, rather, it would be safer to go for passing an order for the refund coupled with compensation and litigation cost. The complainant will get Rs. 9,80,000/- with interest @ 12% p.a. plus compensation of Rs. 2,00,000/- in addition to litigation cost of Rs. 1,00,000/-.
7. Hence it is ordered that the case be and the same is allowed ex parte. Ops are directed to pay within a month hence to the complainant Rs. 9,80,000/- together with interest @ 12% p.a. with effect from 04.09.2014 till realization. They are also directed to pay Rs. 2,00,000/- for compensation and 1,00,000/- for litigation cost within a month hence, failing which the amount will accrue interest @12% p.a.

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