Case of the complainant, in brief, is that the complainant being interested with the opposite parties development project at Rajarhat, North 24 pgs under the name and style “Nestwood Maple” agreed to purchase one residential unit measuring an area of 1,050 sq.ft. on the third floor, Tower no.-6 at a total consideration amount of Rs. 19,42,056/-. Thereafter the complainant made payment of Rs. 50,000/- on 25.07.2014 Rs. 2, 10,000/- on 21.08.2014 and Rs. 31315/- on 30.06.2014 to the opposite parties as an earnest money. After receiving total sum of Rs. 2, 91,315/- opposite parties issued an allotment letter on 12.11.2014 in favour of the complainant. It is stated by the complainant that the complainant visited the project site of OPs and he found no construction work had been started. Thereafter the complainant informed the OPs about the said facts and requested them to start the development project work but OPs did nothing to that effect. Even after passing 6 years OPs have not started any development work of the said project. Finding no other way the complainant files this case praying for direction upon the OPs to execute and registered the deed of conveyance in respect of the flat after handing over the possession in favour of the complainant. In his alternative prayer the complainant prayed for refund of the paid consideration money of Rs. 2, 91,315/- along with compensation and cost of litigation.
Notices were served upon the OPs. In spite of that none appeared on behalf of the OPs. Hence, the case was fixed for ex parte against the OPs vide order no. 16 dated 27.05.2022.
Complainant adduced evidence on affidavit.
Decision with reasons
In order to prove his case the complainant Mr. Sudhanshu Sekher Jana adduced money receipt from where it appears that the complainant paid Rs. 2, 91,315/- to the OPs. It is evident from the money receipt issued by the OPs dated 12.11.2014 that after receiving the earnest money opposite parties allotted a flat in favour of the complainant. It further appears from the letter dated 04.05.2016 issued by OP no.1 that OP no. 1 assured the complainant that they would start the project work within the month of May/June,2016. It is further evident from the letter dated 17.12.2018 issued by the complainant that the said development project work has not been started till then. In course of hearing Ld. Advocate for the complainant submits that as the development work has not been started yet they prayed for refund of the paid consideration.
In view of the discussion as made herein above, we are of opinion that the complainant has fully corroborated his case. The documents filed by the complainant, remained unchallenged, also supports the case of the complainant in material particulars. Hence, we are constrained to hold that the complaint’s case is proved and he is entitled to an order as prayed for.
In the result the petition of complaint succeeds.
Hence, it is ordered
That the complaint case no. CC/01/2020 is allowed ex parte against the OPs with cost.
OPs are directed to refund Rs. 2, 91,315/- with interest @9% p.a. from the date of receiving the same to the complainant within 60 days from this date of order. OPs are further directed to pay Rs. 20,000/- towards compensation and Rs. 20,000/- towards cost of litigation within 60 days from the date of order failing which entire amount shall carry interest @12% p.a. till realization.
Let a plain copy be given to the parties free of cost as per CPR.
Dictated and Corrected by
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
