1. The OPs are the developers in respect to premises no. 5, Kumore Para Lane, Mouza-Boonhooghly under P.S. Baranagar appertaining to plot no. 1202 and 1203 under Khatian no.- 235. After having taken up the scheme for conversion of the aforesaid premises into a multi storied building one he enter into an agreement with the complainant on 16.11.2015 for sale of 350 sq.ft  flat on the 3^rd floor in the aforesaid multi storied building at Rs. 6,05,000/-.
2. The proposed construction was not carried out by the developer – although payment of Rs. 5, 09,000/- in installments was made by the complainant in terms of the aforesaid agreement for sale of flat 350 sq.ft. flat. Time came when the parties arrived at an agreement for cancellation of the aforesaid agreement. Accordingly the complainant had to subscribe his signature to a letter for cancellation of the said agreement on 07.06.2018. It was agreed by and between the parties on 07.06.2018 that the paid amount would be refunded within a period of 2 months but only 50,000 + 40,000 totaling Rs. 90,000/- were refunded. Since the OP failed to refund the entire paid amount up till 20.02.2019. The complainant had to file this case seeking refund of Rs. 4, 19,000/- with compensation, cost and interest.
3. In spite of having received the notice about the institution of the case against him the OP did not appear to contest the case by filing W/V. This is why the case has been heard ex parte.
4. In support of his case the complainant has filed the following documents:-

5. The aforesaid documents have gone unchallenged as the OP abstained from contesting the case. Those unchallenged documents appear to be quite reliable and acceptable once. After adverting to those documents in the light of the petition of complaint we find that the complainant advanced a sum of Rs. 5, 09,000/- in installments in favour of the OPs for purchasing a flat of 350 sq.ft. in the 3^rd floor of an under construction building at premises no. 5, Kumore Para Lane, Baranagar. It is in the unchallenged evidence-in-chief of the complainant that the developer did not or could not finish the construction work for the proposed multi storied building. The documents related to cancellation of the agreement for sale which was born on 07.06.2018 fully lends assurance to the case of the complainant that for the default on the part of the promoter in the matter of raising construction at the proposed site, the complainant approached the developer and agreed to take back the money. It further transpires from the said documents that the period of 2 months was limited thereby for making refund of the full amount. But it is obvious from the material on record that only Rs. 90,000/- was refunded in two installments. Be that as it may there can be no denying the fact that the right of the complainant to get back the remainder amount of Rs. 4, 19,000/- is well founded one. The OPs is obligated to pay the same with compensation, interest and cost. Keeping in view the volume of harassment to which the complainant was subject we think that a sum of Rs. 50,000/-, if awarded on account of compensation would be justified one. The amount of cost may be estimated at Rs. 25,000/- therefore, there should be an order directing the OPs to refund a sum of Rs. 4, 19,000/- with interest, compensation of Rs. 50,000/- and cost of Rs. 25,000/-.

Hence it is ordered that the OP will paid Rs. 4, 19,000/- for interest @12% p.a. from the date of payment till realization within a period of 45 days hence failing which the amount will accrue interest @14%p.a. He will also paid Rs. 50,000/- for compensation and Rs. 25,000/- for litigation cost totaling Rs. 75,000/- within a period of 45 days hence failing which the amount will accrue interest @14% p.a.

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