1. The OPs are the developers in respect to the proposed housing complex named as ‘KingTown-New Town’ under Kashipore Police Station, Mouza-Zirangacha, District- North 24 pgs and they made an advertisement inviting the attention of the perspective buyers for dwelling units. In this process the complainant was attracted to the said housing project and wanted to buy a flat measuring about 522 sq.ft. in the 3^rd floor, 2BHK flat priced at Rs.12,66,390/- in the proposed housing complex. Accordingly an agreement in between the complainant and the developers was made on 02.12.2017. In pursuance of the complainant an agreement of payment of Rs.3, 36,842/- was made in favour of the developers.
2. It was agreed by and between the parties on 02.12.2017 that the flat in question would be deliver within 40 months from the date of agreement :- but the OPs did not take initiative for completion of the said housing project and also for construction of the flat  agreed to be sold. As a matter of fact the said housing project did not see the light of the day. Since the OPs who were obligated to cause refund of the paid amount did not do so within reasonable time the complainant’s filed this case on 23.09.2021 against the OPs seeking refund of the paid amount with interest, compensation and cost.
3. In spite of having enter appearance in response to the notice served upon them the OPs did not file any W/V to contest the case. This is why the case was heard ex parte.
4. In support of her case the complainant has filed the following documents:-

5. It needs to be mentioned here that the aforesaid documents have gone unchallenged. Had they got any convincing ground to resist the claim of the complainant the OP would have filed written statement or written argument posing a challenge to the aforesaid documents. Unchallenged documents as noted above certainly bear much evidential value. We have no opinion but to place reliance upon those unchallenged documents. Relying upon those unchallenged documents we find that Rs. 3.36.842/- was advanced by the complainant in favour of the OPs under the valid agreement dated 02.12.2017 for a flat. The OPs have not complied with the demand notice sent by the complainant through an Advocate on 15.07.2021. As a matter of fact, no part of the paid amount has so far been refunded. The OPs should therefore be put under order to refund of Rs. 3, 36,842/-. In addition to that, they will also pay compensation and cost for litigation. Keeping in view the volume of harassment to which the complainant was subjected, we think, the compensation amount may be fixed at Rs. 50,000/- and litigation cost fixed at Rs. 25,000/-.

Hence it is ordered that the case be and the same is allowed ex parte with cost of Rs. 25,000/-. The OPs will pay Rs. 3, 36,842/- with interest @12%p.a. within a period of 45 days hence failing which the amount will accrue interest 14% p.a. The OP will also pay compensation of Rs. 50,000/- and litigation cost of Rs. 25,000/- totaling Rs. 1,00,000/- within 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