1. The Ops being owner in respect to 2 Cottahs 10 Sq.ft. of land situated at Mouza – Santganchi and appertaining to C.S. Plot No. 1179 within local limits of South Dum Dum Municipality went in for development of the said plot into G+3 storied building. He agreed to sell the 3^rd Floor building having a super built up area of 640 Sq.ft. to the complainant for a sum of Rs. 10,00,000/- (Rupees ten lakh) and accordingly an agreement was signed on 12.06.2015. Following the terms of agreement payment of Rs. 3,50,000/- was made by the complainant in 4 cheques in between 12.06.2015 and 19.06.2015. But developer was found to be reluctant to speedily proceed with the development work and as a matter of fact, he left the G+3 storied building in unfinished condition. As per agreement, the flat was scheduled to be completed and handed over within 3 months from the date of agreement after accepting the balance amount of Rs. 6,50,000/-. The request made by the complainant to execute sale deed in favour of the complainant in respect to the said flat made on several occasion went unheeded and on 06.04.2016, the Ops verbally disclosed that the flat would not be handed over under a valid documents to the complainant. This is why he has filed this case seeking direction to the Ops for execution and registration of sale deed and also for compensation and cost.

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

3. In support of his case, the complainant has filed (a) evidence on affidavit, (b) copy of agreement containing money receipt, (c) BNA and other relevant documents. The aforesaid documents have gone unchallenged for which they may be supposed to carry unfettered evidentiary value. The copy of agreement disclosed that Rs. 3,50,000/- was collected by the developers cum owner from the complainant in June, 2015 with an assurance that he would get a flat in G+3 under construction building. It is also apparent from the documents on record that the flat in question has never been made habitable and ready for delivery of possession. Ld. Advocate appearing for the complainant has contended that the developer has possibly disposed off the said flat for higher price violating the terms of agreement. Be that as it may, it now stands to reason that the developers who accepted money from the complainant in June, 2015 with an assurance for giving a flat to him is now guilty of unlawful trade practice. This is so because he has not complied with the terms of agreement for sale. It was the bounded duty on his part to make the flat habitable and to hand it over to the complainant after accepting the balance amount. We now get it from the submission advanced by the Ld. Advocate of the complainant that the agreed flat has been sold to a third party. The complainant who parted with Rs. 3,50,000/- in June, 2015 cannot now get the said flat which is under the occupation of a third party.

4. Consumer Protection Act is a Branch of Law of Torts which deals with civil wrongs and the remedy for Civil Wrong is damages. If we pass a direction to the Ops for execution and registration of sale deed in respect to the flat in question the same would become infructuous and the complainant would not get anything from the said deed. To strike a balance between rights of the complainant and the infringement of the duties of the Ops we would find that there should be direction to the Ops for refund of the paid amount with compensation, interest and cost. Therefore, there should be a direction to the Ops to return Rs. 3,50,000/- with interest @10% per annum with effect from 19.06.2015. The complainant has undoubtedly undergone harassment and agony due to the unlawful trade practice of the Ops and therefore he would get same compensation and the amount of compensation, keeping in mind, the volume of harassment and agony, may be assessed at Rs. 1,00,000/-. The complainant also get the same of Rs. 25,000/- on account of litigation cost.

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

1. The Ops will return Rs. 3,50,000/- (Rupees three lakh fifty 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. 1,00,000/- as compensation and Rs. 25,000/- as litigation cost totalling Rs. 1,25,000/- 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