1. The Ops being developers floated a bungalow project named as “Royal Enclave” on 49.9 Decimals of land at Mouza – Hudrait under P.S. – Rajarhat and the complainant being in need of dwelling unit selected one bungalow with 1.5 Cottah of land priced at Rs. 42,00,000/- (Rupees forty two lakh) in the said project and accordingly an agreement was signed by him with the Ops on 11.08.2018. Following the terms of agreement payment of Rs. 8,96,000/- (Rupees eight lakh ninety six thousand) was made by the complainant in installments against receipt. But the complainant could gradually realized the evil intention on the part of the developers as reflected from this abstention from raising the construction of the agreed bungalow. On 17.03.2021, the complainant sought for refund of the paid amount by sending a letter on being dissatisfied with the recessive stance taken by the developers in the matter of raising construction. The Ops thereafter made refund of Rs. 20,000/- in two installments, one on 05.01.2022 and another on 30.03.2022 and turned their backs towards the complainant. Finding no other way open to him, the complainant had to file this complaint case on 23.07.2022 seeking refund of the rest amount together with interest, compensation and cost.

2. The Ops did not file written version with a view to contest the case for which the case has been heard ex-parte.

3. In support of his case, the complainant has filed (a) evidence on affidavit, (b) copy of agreement dated 11.08.2018, (c) copy of letter dated 17.03.2021, (d) money receipt, BNA and other relevant documents. The documents filed by the complainant have gone unchallenged for which they may be supposed to carry unfettered evidentiary value. From the documents, it becomes crystal clear that the complainant agreed to purchase a G+1 bungalow in “Royal Enclave” bungalow project at Rs. 42,00,000/- and made payment of Rs. 8,96,000/-. It also abundantly clear from the material available on record that Rs. 20,000/- was refunded by the developers and the rest amount i.e. Rs. 8,76,000/- was allowed by the Ops to remain unpaid on and from 17.03.2021.

4. It is not any dispute that “Royal Enclave” bungalow project was not raised by the developers successfully for which the said project could not see the light of the day. It goes without saying that since 28.09.2018 or from before the Ops are utilizing the complainant’s money to the tune of Rs. 8,76,000/- for their own benefits. The complainant who parted with the aforesaid amount with a hope that the bungalow would be given to them within three years from the date of agreement, had to put up with harassment and agony for the recessive stance taken by the developers. For the harassment and agony which the complainant had to undergo the developers would award him some compensation. Keeping in mind, the volume of harassment and agony the compensation amount may be fixed at Rs. 1,75,000/-. The Ops should be put under order to return Rs. 8,76,000/- with interest @10% per annum with effect from 28.09.2018 (the date on which Rs. 3,38,000/- was paid). The complainant will also get litigation cost amounting to Rs. 25,000/-.

5. The case is thus disposed off with the following direction.

1. The Ops will return Rs. 8,76,000/- (Rupees eight lakh seventy six thousand) to the complainant with interest @ 10% per annum with effect from 28.09.2018 till realization within a period of 45 days hence, failing which, the amount will carry interest @12% per annum.

2. The Ops will also pay Rs. 1,75,000/- as compensation and Rs. 25,000/- as litigation cost totalling Rs. 2,00,000/- within 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