1. The OP being the realtors floated a housing project under name and style of “Sanhita” under Bhagabanpur Gram Panchayat in the District of South 24 Parganas and the complainant being in need of dwelling unit booked a 3BHK Flat being No. 5A on 5^th Floor of the building being No. 3B-27 in the said housing project by making payment of Rs. 25,000/- on 13.11.2014. On 12.05.2015 an agreement was signed by the realtor and the purchaser and it was agreed by and in between them that delivery of possession would be effected by 12.05.2018. Further payment of Rs. 8,15,368/- was made by the purchaser thereafter. But due to some land dispute, the said housing project could not be completed in time, for which the purchaser cancelled the agreement on 26.12.2019 and the seller informed under a letter dated 28.12.2019 that the paid amount would be refunded after deducting the service tax of Rs. 32,793/-. But refund as promised was not made, for which the complainant sent advocate’s letter on 26.05.2020 and thereafter sent another letter on 07.03.2020 demanding refund within 30 days. But the respondent did not pay heeds to those letters for which the complainant had to file the case on 07.09.2021 seeking refund of Rs. 8,40,368/- together with compensation of Rs. 10,00,000/-, interest of Rs. 13,06,772/- and litigation cost of Rs. 2,50,000/-.

2. With a view to contest the case the Op filed W/V and also questionnaire touching upon the evidence of the complainant mainly on the ground that the OP was and is not guilty of unfair trade practice and that there was laches on the part of the complainant in performance on his part of the agreement. It is also been asserted by the OP under the aforesaid W/V that the complainant is not entitled to the reliefs sought for.

3. In support of his case, the complainant has filed (a) evidence in chief, (b) reply to the questionnaire of the OP, (c) copy of agreement dated 12.05.2015, (d) copy of letters and (e) money receipts. The documents filed by the complainant have gone unchallenged for which they may be supposed to carry impeccable evidentiary value. From those documents it is abundantly clear that Rs. 8,40,368/- was paid by the complainant on different dates for buying a flat worth Rs. 17,74,890/- . It is equally evident from the material on record that the proposed housing project could not be completed within time and the agreement for sale of the property was cancelled with the concurrence of the realtors.

4. The OP has since before 12.05.2015 been utilizing complainant’s money for their own benefit. The complainant who parted with more than Rs. 8,00,000/- by 31.03.2017 has sustained loss of interest touching upon Rs. 8,40,368/-. The material on record go to suggest that the OP has tried to assuage the grievance of the complainant by making futile promises for refund since after 28.12.2019. Needless to say that the complainant had to put up with harassment, pain and agony in addition to financial loss since after 28.12.2019 up till now due to wrongful act of the OP. Therefore, the OP would compensate him appropriately and keeping in view of the amount of harassment, pain and agony, the amount of compensation may be worked out at Rs. 75,000/-. The OP who has unauthorizedly retained the complainant’s money amounting to Rs. 8,40,368/- should return the same with interest @ 10% per annum with effect from 27.02.2017 (i.e. the date on which highest instalment was paid). The OP should also cough up a sum of Rs. 25,000/- on account of litigation cost.

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

1. The OP will pay Rs. 8,40,368/- with interest @ 10% per annum with effect from 27.02.2017 (i.e. the date on which highest instalment was paid) till realization within a period of 45 days hence, failing which the amount will carry interest @ 12% per annum.
2. The OP will also pay the compensation of Rs. 75,000/- and litigation cost of Rs. 25,000/- totalling Rs. 1,00,000/- within a period of 45 days hence, failing which the amount will accrue 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]
              PRESIDEN