1. The OPs being realtors floated a housing project named as ‘Evanie Eco-Nest’ housing project in Rajarhat area, North 24 pgs by making advertisement in Anand Bazar Patrika on 03.09.2017. The complainant being in need of residential accommodation booked a flat prices at Rs. 13, 28,362/- in ‘Evnie Eco-Nest’ by making payment of Rs. 3, 00,000/- in cheque no. 270027 dated 12.09.2017 drawn on ICICI Bank. But shortly thereafter the complainant could come to know that ‘Evanie Eco-Nest’ housing project was not blessed with the approval of the competent authority for which the housing project was not likely to see the light of the day. This is why the complainant under a letter dated 03.03.2019 asked the OPs for refund of the paid amount. But the OPs neglected to comply with the request for refund for reasons best to known to them. The complainant thereafter started to run from pillars to post to get back the paid amount. Only Rs. 50,000/- was refunded by the OPs and the balance amount remained unpaid. This is why he had to file this case on 13.12.2020 seeking refund of Rs. 2, 50,000/-, with compensation, interest and cost.
2. By filing W/V on 18.02.2021 the OPs wanted to contest the case; but skipped the stage of filing questionnaire and also the stage of filing evidence. The written statement filed by the OPs has, of course, grains to lend support to the cause of the complainant. The OPs have nowhere in.  The W/V denied the complainants entitlement to refund of Rs. 2, 50,000/-.
3. In support of his case the complainant has filed evidence on affidavit, the copy of newspaper containing advertisement of the newly floated ‘Evanie Eco-Nest’ housing project, copy of money receipts in respect to Rs. 3,00,000/- which was advanced by the complainant, terms and conditions for payment and mode of transfer of the booked flat, the copy of application dated 09.09.2017 (by which refund was sought for), copy of application dated 02.05.2019 (by which refund was sought for once again), the copy of letter by which the complainant was requested to go for cancellation of the booking, the copy of cancellation letter, copies of Advocates letters relating to request for refund etc. Those documents have gone unchallenged for which they may be supposed to carry impeccable evidentially value. It is admitted position that out of Rs. 3, 00,000/-, Rs. 50,000/- was paid by the realtors before the present case came into being. It is also an admitted position that the balance amount of Rs. 2, 50,000/- is still payable by the realtors to the complainant.
4. Therefore, there should be an order for refund of Rs. 2, 50,000/- in favour of the complainant.
5. It is abundantly clear from the material on record that ‘Evanie Eco-Nest’ housing project was left by the realtors in untouched condition due to some land dispute. It also stands to reason that the realtors collected application money from different buyers with assurance to provide them with flat and complainant was one of them. The complainant also paid Rs. 3, 00,000/- on 09.09.2017 with an impression that he would made payment of the balance price and would get the flat in possession under a valid document. But shortly thereafter he was shocked to know that the said housing project containing the flat of the complainant would never be completed due to want of approval of the sanctioning authority. The realtors who refunded Rs. 50,000/- only are retaining the complainants money amounting to Rs. 2,50,000/- since 09.09.2017 for their own benefit leaving the complainant in the lurch. The complainant had no option but to run from pillar to post to get back his hard earned money. He had to put up thereby with harassment, agony and pangful uncertainty due to the tactics played by the realtors. Therefore, the realtors should cause refund and would compensate the complainant adequately.
6. In view of the amount of harassment of the complainant the compensation amount may be fixed at Rs. 75,000/-. He will also get litigation cost amounting to Rs. 25,000/-. The complainant will also get interest @10%p.a.upon Rs. 2, 50,000/- with effect from 09.09.2017.

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

1. The OP will pay Rs. 2, 50,000/- in demand draft with interest @10%p.a. with effect from 09.09.2017 till realisation within a period of 45 days hence failing which the amount will accrue interest @12%p.a..
2. The OP will also pay Rs. 75,000/- as compensation and Rs. 25,000/- as litigation cost totalling Rs. 1,00,000/- within 45 days hence failing which the amount will carry interest @12%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