1. The OPs are the developers in respect to ‘Universia’ housing project at Rajarhat, Bhagabanpur, Kolkata and the complainant, on being attracted by the advertisement made by the OPs, booked two flats on 17.04.2017 flat no. K and flat no. P-10 in the said project each having of area of 500 sq.ft. on 5^th floor block no. 14 at Rajarhat, Bagabanpur, District-South 24 pgs and made payment of Rs. 6,90,000/- in favour of the OPs. The complainant thereafter changed their mind and applied for refund on 16.10.2017.  The OPs failed to refund of the paid amount in response complainant its letter issued dated 16.10.2017 for which the complainant has filed this case seeking refund, compensation, interest and cost.
2. In support of his claim the complainant has filed evidence-in-chief and brief notes of argument along with copy of application for refund.
3. During the course of hearing argument it has been given out by the complainant that out of Rs. 6, 90,000/- refund of Rs. 2, 00,000/- has already been made and a sum of Rs. 4, 90,000/- is remaining unliquidated. According to him he is entitled to a sum of Rs. 4, 90,000/- on account of refund, compensation, interest and cost. It appears from the record that the OPs received letter on 16.10.2017 from the complainant by which they were asked to make refund of Rs. 6, 90,000/-. But subsequently as claimed by the complainant Rs. 2, 00,000/- was paid by the OPs and the OPs has not resisted the claim of the complainant for refund of Rs. 4, 90,000/- by filing BNA or producing evidence. It may therefore, safely be concluded that OPs are liable to make refund Rs. 4, 90,000/- to the complainant. Since they applied for refund on 16.10.2017, the amount of Rs. 4, 90,000/- would carry interest with effect from 16.10.2017 and the rate of interest is fixed 9% p.a. Only after gap of 6 months the complainant sought for refund of the aforesaid amount and their promptness in the matter of submitting application for refund leads us to inference that the complainants fell prey to freakishness in taking a decision for acquiring or refusing to acquire a property. Such a man cannot claim anything on account of compensation. On account of cost of litigation the complainant will get a sum or Rs. 2,000/- as he himself conducted the case.

The case is thus disposed of with the following directions:-

1. The OPs would pay Rs. 4, 90,000/- with interest @9 % p.a. with effect from 16.10.2017 within a period of 45 days hence failing which the amount will carry interest @ 10% p.a.
2. The OP will also pay Rs. 2,000/- to the complainant on account of litigation cost within a period of 45 days hence failing which the amount will accrue interest @ 9%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