1. The complainant has filed this complaint on 28.11.2019 stating inter-alia that he advanced Rs. 2,00,000/- on 12.09.2015 by Cheque No. 074172 of IDBI Bank under an Agreement for Sale of 500 Sq.ft. flat in a proposed G+3 storied building at premises no. 17 under P.S. – Baranagar.

2. It is the specific case of the complainant that in spite of having received the booking amount of Rs. 2,00,000/- the Ops neither constructed the said G+3 storied building nor refunded the amount taken from the complainant.

3. The complaint states that on 12.12.2016 under compelling circumstances the complainant sent advocate’s letter to the OPs pressing the demand for delivery of flat as per agreement and disclosing the complainant’s intention to pay the balance amount on demand. The said letter has gone unanswered. This is why the complainant has filed this case.

4. The OPs abstained from contesting the case by filing W/V or evidence for which the case was heard exparte.

5. In support of this case the complainant has filed a the copy of agreement, b copy of money receipt granted on 12.09.2015 and also  c  evidence on affidavit.

6. After adverting to the material on record and giving consideration to the argument advanced by the Ld. Advocate of the complainant we see that the proposed building at premises no. 17 under P.S. – Baranagar was never raised and that the Ops has neither refunded Rs. 2,00,000/- nor allotted any flat.

7. It was obligatory on the part of the Ops to either hand over the agreed flat or refund the amount with interest to the complainant. But they did nothing. Needless to say that the complainant was hopelessly left the complainant to suffer for the inaction of the Ops for the last 5 to 6 years.

8. He has also suffered loss of interest on Rs. 2,00,000/-. The quantum of compensation to which the complainant is entitled for the suffering he has undergone maybe worked out as 20,000 X 6 = 1,20,000/-. The complainant maybe expected to incur a sum of Rs. 12 X 6,000 = Rs. 72,000/- for fighting the litigation. He is undoubtedly entitled to the refund of Rs. 2,00,000/- with interest at the rate of 11% per annum with effect from 12.09.2015 till realization.

9. Hence, it is ordered –

    that the Op would pay Rs. 2,00,000/- with interest at the rate of 11% per annum with effected from 12.09.2015 till realization within 30 days hence.

He will also pay Rs. 1,20,000/- for compensation and 72,000/- for litigation cost within 30 days hence. Failing which the said amount i.e. Rs. 1,72,000/- will accrue interest at the rate of 12% per annum.

Let the plain copy of this order be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT