1. The OPs launched a housing project names as ‘Dharitri Universia’ in Mouza – Bhagabanpur under P.S. – Cossipore in the District of South 24 Parganas and after coming to know about the same the complainant who was in search of a residential flat contacted OPs in 2017 and agreed to purchase a 900 Sq.ft. flat having three bed rooms and two toilets in Dharitri Universia which was priced at Rs. 22,20,000/- .
2. The Memo of Understanding was accordingly made on 19.07.2017. Following the terms and conditions of the memo of understanding the complainant made payment of Rs. 4,33,430/-  on different dates (including 19.07.2017). But on visiting the site the complainant was surprised to see that the construction work for the said housing project was not given start to. This is why the complainant decided to break the agreement and to ask the OP for refund of the amount paid. The situation could not and did not improve till 30.08.2021, for which the complainant had to file this case under Section 35, 37 and 38 seeking reliefs.
3. The OP entered appearance; but did not file any written version to contest the case. Such being the position the case was heard exparte.
4. The complainant has filed evidence on affidavit, copy of memo of understanding, dated 19.07.2017, copy of cheques for Rs. 4,00,000/- , money receipts granted by the OP in favour of the complainant, BNA has also been filed by the complainant.
5. The documents filed by the complainant have gone unchallenged as the OP skipped the trial of this case. The recessive stance taken by the OP goes to suggest that those documents were devoid of stains, for which the OP allowed them to go unchallenged. We are bound to accept those documents as they stand.
6. The only question which is to be decided in this case is whether the complainant is entitled to the reliefs sought for or not.
7. Since the housing project did not see the light of the day and the building containing the agreed flat was not constructed it would not be proper for us to issue direction to the OPs for handing over possession and for transfer of the same under registered sale deed. Therefore, it would be justifiable to issue direction for refund of the amount with interest, compensation and cost.
8. Relying upon the unchallenged documents produced by the complainant we find that the OPs collected a sum of Rs. 4,33,430/- from the complainant with promise to provide him with a flat in Dharitri Universia and that the said housing complex was nipped in the bud and that unjustly the OP are using money received from the complainant since 19.07.2017. The complainant has suffered huge loss on account of interest and mental agony and anxiety since then.
9. Keeping in view the volume and length of such anxiety and agony we think that the sum of Rs. 50,000/- should be awarded on account of compensation. He is also supposed to incur litigation cost amounting to Rs. 25,000/-, he will certainly get back Rs. 4,33,430/- which was advanced under a futile agreement.
10. Hence, it is ordered that the OPs will pay Rs. 4,33,430/- with interest @ 10 P.A. with effect from 19.07.2017 within the period of 90 days hence, failing which the amount will accrue interest @ 14% P.A. the Ops also will pay Rs. 50,000/- as compensation and Rs. 25,000/- as litigation cost totaling Rs. 75,000/- within 90 days hence, failing which the amount will accrue interest @ 14% P.A.

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

          Dictated and corrected by 

          [HON'BLE MR. Lakshmi Kanta Das]
            PRESIDENT