1. The Ops being the realtors floated a housing project named as “Royal Enclave” in Rajarhat area within Chandpur Gram Panchayat and the complainants, the husband and the wife, who were in need of a residential accommodation – selected a dwelling unit measuring about 1019 Sq.ft. on 3^rd Floor, Block – 1, Flat No. A, priced at Rs. 25,00,000/- (Rupees twenty five lakh) in the aforesaid housing project and booked the same by making payment of Rs. 10,00,000/- on 08.10.2018. The next payment of Rs. 1,00,000/- was made by him on 10.10.2018 in addition to legal charges of Rs. 800/- which was paid in cash on 26.12.2018. The project was due to be completed by December, 2020. A formal agreement was made in between the realtors and the buyers on 19.12.2018. In reply to the complainants’ letter dated 21.09.2020 the Ops conveyed an intimation on 29.09.2000 to the effect that some error was committed in mentioning the area and towers of the flat in question. It was further clarified under the aforesaid letter dated 29.09.2020 that instead of 1027 Sq.ft. area of the flat was erroneously mentioned as 1019 Sq.ft. and instead of Tower 32/1 it was erroneously written as Tower – 3. A meeting was accordingly arranged on 12.11.2020 and the complainants agreed to take possession of the flat measuring about 1027 Sq.ft. in Tower 32/1 asking the Ops to perform their part of the agreement dated 19.12.2018 as renewed on 12.11.2020. Even the letter dated 18.01.2021 which was sent by the advocate of the complainants to the Ops asking them to perform their part of the contract within a period of 10 days was blatantly ignored by the Ops. This is why they have filed this case on 01.04.2021 seeking direction to the Ops to execute and register sale deed and also to deliver possession or in the alternative to refund the amount paid with interest and also for direction for payment of compensation of Rs. 2,00,000/- in addition to litigation cost.

2. The Ops who filed written version to contest the case; has omitted to file questionnaire or evidence. They have denied the allegations levelled against them in material particulars by filing the aforesaid written version.

3. In support of their case the complainants have filed (a) copy of agreement, (b) money receipts in respect to Rs. 11,00,000/-, (c) bank’s statement, (d) copy of letters dated 21.09.2020 and 18.01.2021 and (e) evidence in chief. The documents filed on behalf of the complainants have not been challenged by the other side on any ground what so ever. Those documents, as such, remain unchallenged and for being unchallenged they may be supposed to carry impeccable evidentiary value. This is more so because they appear to be free from inherent inconsistency.

4. The W/S does not bear anything to refute the claim of the complainants that payments of Rs. 11,00,000/- was made in October and December, 2018 to set the flat in “Royal Enclave”. The unchallenged documents filed by the complainants are also sufficient to establish the aforesaid claim of the complainants regarding payment of the aforesaid amount for purchasing the flat. The “Royal Enclave” housing project could not be readied for handing over by 31^st December, 2020 – although it was promised under the agreement dated 19.12.2018 that the complainants would get the flat in habitable condition by 31^st December, 2020. The deficiency on the part of the realtors is writ-large.

5. For this or that reason, the developers failed to keep their promise for the transfer of the agreed flat within the stipulated period. They are enjoying the complainants’ money since October 2018 for their own benefit. The complainants who parted with a sum of Rs. 11,00,000/- with a hope that they would get the selected flat in time have got nothing at the end of the day. The had to put up with pain-stricken anxiety, harassment and also loss of interest on Rs. 11,00,000/-. It is our common knowledge that “Royal Enclave” housing project of the Ops never saw the light of the day and those who booked flats in “Royal Enclave” by investing their hard earned money are running from pillar to post since January, 2021 and the complainants are two of them. Be that as it may, the Ops who are unlawfully utilising the complainants’ money since October, 2018 are under sheer obligation to return the same with interest, compensation and cost. There should be a direction for returning Rs. 11,00,000/- to the complainant with interest with effect from 10.10.2018 (i.e. from the date of making next payment). The rate of interest may be fixed at 10% per annum. In view of the amount of harassment and anxiety the volume of compensation may be worked out at Rs. 1,25,000/-. On account of litigation cost, the complainants would get Rs. 25,000/-.

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

1. The Ops will pay Rs. 11,00,000/- with interest @10% per annum with effect from 10.10.2018 till realisation within a period of 45 days hence, failing which the amount will carry interest @12% per annum.

1. The Ops will pay Rs. 1,25,000/- for compensation and Rs. 25,000/- for litigation cost totalling Rs. 1,50,000/- 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]
PRESIDENT