1. The OPs are the developers in respect to a bungalow project named as “Royal Enclave” stated to be launched in Hatisala Mouza under P.S. – Kolkata Leather Complex.
2. On seeing the advertisement about the said bungalow project the complainants being in search of a residential accommodation visited the office of the developers and after having talks with them agreed to purchase bungalow on 2 Cottahs land being No. C-61 in Royal Enclave at Rs. 31,50,000/- and also made payment of Rs. 3,20,000/- by cheque on 19.01.2016 against receipt. Thereafter a MOU was executed on 06.05.2016 in between them. Thereafter the Complainants made a trip to the site and found no traces of construction. After knowing fully well that the proposed project would not see the light of the day the Complainants asked the OPs to make refund of the amount received from him. But the claim of the Complainants for refund was not satisfied, for which they have filed this case for proper reliefs.
3. In response to the notice served upon them, the OPs took time to file WV for contesting the case but ultimately did not file anything. This is why the case was herd exparte as against the OPs.
4. In support of their case, the Complainants have filed evidence on affidavit on 19.02.2022, copy of MOU dated 06.05.2016, copy of cheque being no. 23 dated 19.01.2016, money receipt granted by the OPs in favour of the Complainants on 28.05.2016, copy of allotment letter dated 27.07.2019 and copies of letters received and sent by the Complainants. The documents filed by the Complainants have gone unchallenged as the OPs did not contest the case. Those documents appear to be having the grains of truth and those unchallenged documents are found sufficient to prove that there was an agreement under which the Complainants agreed to purchase a bungalow worth Rs. 31,50,000/- in Royal Enclave Bungalow Project and advanced Rs. 3,20,000/- in 2016.
5. It is abundantly clear from the material on record that the bungalow project named as Royal Enclave was nipped in the bud and the money received from the Complainants have not been returned so far. In spite of having made payment of Rs. 3,20,000/- in favour of the OPs, the Complainants have not got anything in return. Since the bungalow project did not see the light of the day, we do not find any reason for issue of direction to the OPs for handing over the possession or for execution and registration of the sale deed.
6. The OPs are under obligation to return the amount of Rs. 3,20,000/- with interest, compensation and cost to the Complainants. This is so because the Complainants have not only coughed up Rs. 3,20,000/- in 2016 but also undergone, anxiety, mental agony, uncertainty  and loss of interest on 3,20,000/-  since after January 2016.
7. Considering the volume Complainants’ agony, anxiety and mental agony, we think that a consolidated amount of Rs. 50,000/- should be awarded as compensation and cost of litigation may be fixed at Rs. 25,000/-.
8. Hence, it is ordered, that the case be and the same is allowed exparte with cost of Rs. 25,000/-. The OPs will pay Rs. 3,20,000/- with interest @ 12% pa. with effect from 19.01.2016 within a period of 60 days hence, failing which the amount with carry interest @ 12% pa. He will also pay compensation of Rs. 50,000/- and cost of Rs. 25,000/- totaling Rs. 75,000/- within the period of 60 days hence, failing which the amount will carry interest @ 12% pa.

           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