HON’BLE SUDIP NIYOGI PRESIDENT FACTS The fact leading to the complaint case, in short, is that the petitioner/complainant had entered into an agreement for lease for 999 years on 07/12/2018 with the opposite parties in respect of one flat measuring more or less 400 sq. ft. on the 2nd floor of the proposed building at premises No. B/27/H/3/4, Gobra Gorosthan Road, P.O- Gobinda Khatick Road, P.S- Topsia, Kolkata-700046 and paid Rs.6,00,000/- out of total consideration amount of Rs.10,80,000/-. The said property is a Thika property and opposite party No. 1 & 2 are the Thika tenants and they wanted to develop the property through opposite party No. 3 in whose favour one registered deed of General Power of Attorney was made by opposite party No. 1 & 2 on 22/11/2018. At the time of execution of the said agreement, opposite party No. 3 promised to complete the said flat and make it habitable and would deliver all relevant papers to the complainant as early as possible. But he failed to deliver the said flat in favour of the petitioner. Subsequently, he came to know that the said property was transferred to somebody else. So, he demanded refund of the money advanced by him from opposite party No. 3 and as he did not comply with his request, the instant complaint was filed praying for an order for refund of the earnest money paid by him and other reliefs. This case was not contested by the opposite parties and so, it was heard ex parte against them. Complainant filed his evidence on affidavit and also some documents in support of his case. Complainant filed Brief Notes of Argument. Now the point for consideration is whether the complainant is entitled to any relief(s) as prayed for. FINDINGS We have gone through the materials on record wherefrom it is found that the complainant had entered into an agreement on 07/12/2018 for lease of the said flat for 999 years. From the documents, we also find that the complainant paid Rs.50,000/- and Rs.2,00,000/- i.e. Rs.2,50,000/- to opposite party No. 3 and this is the amount which is claimed by the complainant for refund in his prayer in the petition of complaint. So, on consideration of the materials on record, it is found opposite party No. 3 did not refund the said amount despite demand by the complainant. So, we think complainant is entitled to refund of the amount paid by him along with interest and cost of litigation. Hence, it is ORDERED That the instant complaint be and the same is allowed ex parte against the opposite party No.3 and dismissed against opposite party No.1 and 2. Opposite party No. 3 is directed to refund the amount of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand Only) along with simple interest @8% p.a. to the complainant. Opposite party No. 3 is also to pay Rs.2,000/- (Rupees Two Thousand Only)) towards cost of litigation to the complainant. Opposite party No. 3 is liable to comply with this order by making the payment of aforesaid amount to the complainant within 45 days from the date of this order failing which complainant shall be at liberty to proceed in accordance with law. Dictated and corrected by me President | 
