1. The predecessor in interest of the opposite parties namely Aloke Chandra Sharma being owner of 5 (five)Cottah as Bastu Plot situated at Mouza – Jyangra and appurtenant to C.S. Plot No. 1192 and Holding No. 15/605 on Rajarhat Road within Bidhannagar Municipal Corporation, P.S. and P.O. – Baguiati, Kolkata – 700059 got a plan of G+3 storied building being No. 210/11/12 dated 02.11.2011 sanctioned by Rajarhat Gopalpur Municipality and after the demise of the original owner his legal heirs who are the Ops in this case got sanction of 4^th Floor of the said building and started construction work. On 12^th November, 2019, the Ops entered into an agreement with the complainants for sale of the 4^th Floor flat measuring about 820 Sq.ft. being No. 4C of Holding No. 15/605. The price for the flat was fixed of Rs. 22,55,000/- (Rupees twenty two lakh fifty five thousand) and Rs. 4,51,000/- (Rupees four lakh fifty one thousand) was paid by the complainant against receipt.

2. As per agreement, the balance amount was due to be paid at the time of or before delivery of possession of the flat in favour of the complainants. But the construction work was found not in progress and the 4^th Floor was left in unfinished condition. Request was made by the complainants for completion of the construction work and also for registration and execution of sale deed. But the said request went in vain. After serving notice upon the Ops, the complainants had to file this case on 24.12.2021 praying for direction to the Ops for execution and registration of sale deed after accepting the payment of the balance amount and also for other reliefs including compensation, cost etc.

3. The Ops entered appearance but reframed from contesting the case by filing written version within time. This is why the case has been heard ex-parte.

4. In support of his case, the complainants have filed (a) copy of agreement, (b) copy of notice, (c) evidence in chief and other documents. The documents filed by the complainant have gone unchallenged, for which those documents may be supposed to carry impeccable evidentiary value. It is found from the copy of agreement that payment of Rs. 4,51,000/- was made by the complainant in four cheques and the Ops acknowledged the same by putting signatures in the agreement.

5. It has been contended by the Ld. Advocate appearing for the complainant that the complainant no. 2 being a constable of Kolkata Police withdrew Rs. 4,51,000/- from his provident fund for making payment to the developers. It has also been contended by him that the agreed flat has not been completed by the owners/developers and major works are yet to be done to make the same habitable one. Ld. Advocate of the complainant has prayed for an order for refund of the paid amount with interest, compensation and cost.

6. The material available on record are sufficient to prove that the complainants parted with Rs. 4,51,000/- in favour of the Ops for the said flat. It is also abundantly clear from the material on record that the developers have left the said flat in abandoned and unfinished condition. The complainant no. 2 being a Government employee is running from pillar to post for getting back the money he invested with a hope for a flat. The story as to withdrawal of amount from his GPF account sounds quite natural. A Government employee of his status cannot have the capacity to collect the aforesaid amount by savings from his income. Needless to say that for the unlawful trade practice on the part of the Ops, both the complainants have suffered, harassment, agony and loss of interest on the paid amount. In our humble view, they should be adequately compensated. Keeping in view, the volume of their harassment and agony, compensation amount at assessed of Rs. 1,50,000/-. The Ops who have unjustly utilized the complainants’ money to the tune of Rs. 4,51,000/- should be put under order to return the same to the complainant with interest at the rate of 10 %  per annum with effect from 05.08.2018 (the date of which third installment was paid) till realization, the litigation cost may be assessed at Rs. 25,000/-. The prayer for direction for execution and registration of sale deed is thus refused.

7. The case is thus disposed off with the following direction :-

1. The Ops will return to the complainant Rs. 4,51,000/- (Rupees four lakh fifty one thousand) with interest @ 10% per annum with effect from 05.08.2018 till realization within a period of 45 days hence, failing which the amount will carry interest @ 12%.
2. The Ops will pay Rs. 1,50,000/- as compensation and Rs. 25,000/- for litigation cost totalling Rs. 1,75,000/- within 45 days hence, failing which the amount will accrue interest @ 12%.

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