1. The Complainant Dr. Anirban Bose– who booked a dwelling unit number being 9C in Block C on 21.12.2005 in the ‘Sanjeeva Tower’ at Mouza Thakdari by making payment of Rs. 47,42,513/- to the OPs (Developer) has filed this case seeking order for delivery of possession or in the alternative for refund of the amount paid with interest, compensation, cost etc. mainly on the ground that the booked unit was never made ready for delivery of possession.
2. The OPs launched a Housing project at Thakdari Mouza in the name of Sanjeeva Tower which attracted the Complainant. The Complainant booked dwelling unit together with car parking space priced at Rs. 49,32,000/- and agreed to pay the balance amount of Rs. 1,89,477/- on or before delivery of possession. The aforesaid payment of Rs. 47,32,523/- was acknowledged by the OP under a letter dated 21.12.2015. But the Complainant got astounded to know that the aforesaid Housing project was not taken up by the OPs seriously. As a matter of fact the project was left in untouched condition by the developers. This is why the Complainant asked them for refund of the amount paid by sending a letters dated 17.07.2018 and thereafter on 14.07.2019 a legal notice was also sent on 11.02.2020, but the OPs neither constructed the flat or Housing project nor refunded the amount taken from the Complainant and this is why the Complainant has filed this case seeking reliefs.
3. The OPs did not entered appearance in response to the notices received by them for which the case was heard ex parte.
4. In support of his case, the Complainant has filed evidence on affidavit, copy of booking slip/acknowledgement slip dated 21.12.2015, copies of the letters sent by the Complainants for refund and allied documents including BNA.
5. It is abundantly clear from those documents that a sum of Rs. 47,42,325/- was paid by the Complainant to the OPs for purchasing a flat with car parking space for residential purpose. The mere fact that the OPs have not contested the case by filing WV or BNA goes establish that the claim of the Complainant to a sum of of Rs. 47,42,325/- is well founded one. Have they got anything to say as against this, they would have entered appearance and voiced protest. The unchallenged evidence of the Complainant clearly establishes that the payment of Rs. 47,42,523/- was made by the Complainant in favour of the Ops. It also becomes clear from the evidence on record that Sanjeeva Tower or the agreed flat has never been constructed by the Ops-although money for the said flat was taken from the Complainant. Even it is evident from the material on record that no part of the amount taken from the Complainant has been refunded - although the Complainant made several requests to the OPs by sending letters for refund.
6. Thus, the OPs incur obligation to refund the amount with adequate interest.
7. It is quite obvious that without hatching executable plan for the construction of a housing project, the OPs collected money from the Complainant and for such act, the Complainant had to run tension, pain and agony for years together. Therefore, the OPs are obligated to pay compensation  to the Complainant. They will also pay some amount towards litigation cost. The amount of compensation may be fixed at Rs. 3,00,000/- regard being had to the volume of amount involved and the volume of pain, agony and uncertainty to which the Complainant was subjected. The Complainant is supposed to get Rs. 50,000/- on account of litigation cost. The OPs should be put in order to refund of Rs. 47,42,325/- with interest, compensation of Rs. 3,00,000/- and litigation cost of Rs. 50,000/-.
8. Hence it is ordered that the case be and the same is allowed ex –parte with cost.
9. The OPs will pay Rs. 47,42,325/- with interest @10% p.a. from 21.12.2015 till realization within a period of three months hence, failing which the amount will accrue interest @ 12% p.a. They will also pay Rs. 3,00,000/- as compensation and 50,000/- as litigation cost totaling to Rs. 3,50,000/- within a period of three months hence, failing which the amount will incur interest @ 12% p.a.

Let plain copy be given to the parties free of cost, as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT