1. With a view to purchase a flat measuring about 522.74 Sq.ft. in “King Town” housing project at Rs. 15,94,618/- (Rupees fifteen lakh ninety four thousand six hundred eighteen) within Mouza – Jirangacha in the District of South 24 Parganas. The complainant entered into an agreement with the Ops (i.e. Developers) on 26.10.2017 and following the terms of the aforesaid agreement payment of Rs. 3,98,654/- was made. On account of failure on the part of the developers to complete the construction work within the stipulated time the complainant failed to procure a housing loan for which he approached the Ops for cancellation of the agreement on 13.07.2018. On 17.08.2018 the developers intimated the complainant under a letter addressed to his daughter that refund would be made within 45 – 60 days. Accordingly two post-dated cheques were issued for repayment of Rs. 3,58,779/-, those cheques were dishonoured. Ultimately on 15.12.2018 and 29.12.2018 refund of Rs. 50,000/- plus Rs. 69,596/- was made by online transfer using NEFT. But in spite of several request being made thereafter the Ops did not pay back the balance amount – although there was an agreement in between the parties that the claim of the complainant would be satisfied in case payment of Rs. 2,39,193/- being made in favour of the complainant. This is why the complainant has filed this case on 08.07.2020 for refund of Rs. 2,39,193/- with interest, compensation and cost.

2. With a view to contest the case, the Ops filed written version and questionnaire in connection with the complainant’s evidence; but did not file any evidence. The written version appears to be consistent that the liability of the Ops for making refund of Rs. 2,39,193/-.

3. With a view to prove his case, the complainant has filed (a) evidence on affidavit, (b) copy of agreement dated 26.10.2017, (c) the terms and conditions, (d) the letter dated 13.07.2018 by which the complainant sought for cancellation of the booking, (e) copy of letter dated 17.08.2018 of the realtor, (f) copy of letter dated 29.10.2018 which was sent by the complainant, (g) copies of letter dated 29.10.2018 and 28.02.2019 of the realtors, (h) copy of cancellation agreement dated 27.06.2019 and (i) copies of cheque and BNA. The documents filed by the complainant have gone unchallenged for which they may be presumed to carry impeccable evidentiary value. It is evident from those documents that the King Town Housing Project was not completed within time for which the complainant sought for refund of the paid amount. It is also apparent from those documents that on 27.08.2019 and the cancellation agreement dated 27.06.2019 that the complainant agreed to receive Rs. 2,39,193/- on account of full and final settlement. The Ld. Advocate appearing for the complainant has also conceded that his client is entitled to get a sum of s 2,39,193/- from the Ops with interest with effect from 27.06.2019. There will be an order for return of Rs. 2,39,193/-.

4. The complainant would also get compensation from the Ops who are retaining complainant’s money since long. In view of the amount of harassment and pain of the complainant the amount of compensation may be fixed at Rs. 50,000/-, sum of Rs. 25,000/- may be awarded on account of litigation cost.

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

1. The Ops will return Rs. 2,39,193/- (Rupees two lakh thirty nine thousand one hundred ninety three) with interest @ 10% with effect from 27.06.2019 till realization within a period of 45 days hence, failing which the amount will accrue interest @12%.
2. The Ops will also pay Rs. 50,000/- as compensation and Rs. 25,000/- as litigation cost totaling Rs. 75,000/- within a period of 45 days hence, failing which the amount will accrue interest @12%.

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