1. The Ops being developers floated a Housing Project named as “Universia” at Rajarhat, Bhagabanpur, in the District of South 24 Parganas and the complainant being interested in the said housing project, selected flat no P-10 and G in Block – 2 on the 7^th Floor measuring about 1300 Sq.ft. priced at Rs. 54,00,000/- (Rupees fifty four lakh) and on his application the Ops allotted the aforesaid property under a letter dated 30.05.2017 accepting a sum of Rs. 2,00,000/- from the complainant.

2. Even after 14.05.2017 payment of Rs. 8,45,000/- (Rupees eight lakh forty five thousand) was made in installments in cheques by the complainant in favour of the developers. Shortly after that the complainant made a visit to the site and could find no traces of construction work on the proposed site. On several occasions the complainant requested the Ops to finish the construction work; but in vain. On 13.12.2019 the complainant applied to the Ops for refund of the paid amount by sending a letter. Since the letter went unheeded the complainant has filed this case on 01.03.2021 seeking refund with interest, compensation and cost.

3. The Ops, in spite of having received copy of notice, did not file any written version, for which the case was heard ex-parte.

4. In support of his case, the complainant has filed evidence on affidavit, money receipts, copy of allotment letter dated 30.05.2017, copy of letter dated 13.12.2019 by which refund of Rs. 10,45,000/- was sought for. All these documents have gone unchallenged and for being unchallenged they carry much evidentiary value.

5. From the documents filed by the complainant, it is abundantly clear that with a view to purchase a flat in the “Universia” Housing Project the complainant paid Rs. 10,45,000/- and the Ops in spite of having received the aforesaid amount from the complainant neglected to raise construction of the project containing the booked flat. As a matter of fact, the proposed project never saw the light of the day and the Ops being developers and having collected money from the prospective buyers with compromise to provide them with flats have unjustly utilized the said money to make unlawful gain. The complainant had the reason to file this case for getting back the paid amount. Since the Ops have unjustly utilized the complainant’s money they have to compensate them for the complainant’s agony and harassment. The complainant has no doubt, spent some money to proceed with this litigation and therefore he will get a sum of Rs. 20,000/- as litigation cost. Since the complainant has suffered a loss of interest upon Rs. 10,45,000/- he will get interest on the aforesaid amount @ 10% per annum from the Ops. Keeping in view the amount of harassment and agony and the extent of deficiency on the part of the Ops in rendering service the amount of compensation may be worked out at Rs. 75,000/-

6. The case is thus disposed of with the following direction :-

1. That the Ops will return Rs. 10,45,000/- to the complainant with interest @ 10% per annum with effect from 01.06.2017 till realization within a period of 45 days hence, failing which the amount will accrue interest @ 12% per annum.

2. That the Ops will pay Rs. 75,000/- as compensation and Rs. 20,000/- as litigation cost totaling Rs. 95,000/- within a period of 45 days hence, failing which the amount will carry interest @ 12% per annum.

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