NEW DELHI: The West Bengal State Consumer Disputes Redressal Commission, in its July 13 order, has directed a Kolkata-based developer to refund Rs 20,29,980 to a couple who cancelled their flat booking after construction remained stalled for years, holding the developer liable for deficiency in service.What was the issueSambit Das and his wife Dipali Das had signed an agreement in March 2013 to buy a 1,165 sq ft flat, along with a car parking space, in the “Sanjeeva Orchards-II” project being developed by Vedic Conclave at Mahishbathan, under the New Town (formerly Rajarhat) area of North 24 Parganas. The total price was Rs 49.60 lakh, to be paid in 11 instalments, according to the court order.The couple paid Rs 20,29,980 towards the flat. After that, the developer stopped raising further payment demands suddenly. When the couple tried reaching out, their calls went unanswered. On checking further, they discovered that piling work for their allotted block hadn’t even started.Aggrieved after years of inaction, the couple asked the developer in July 2016 to cancel their booking and refund the money with compensation. When that went unanswered, they sent a legal notice in December 2016 demanding a refund — but got no response for that too.They then approached the consumer commission seeking a full refund with 15 percent annual interest, Rs 10 lakh in damages for harassment, and Rs 50,000 in litigation costs.The developer filed a written response before the commission denying the allegations and also submitted evidence on affidavit. However, when the matter came up for final arguments, the developer did not appear and only the proforma party, India Bulls Distribution Service Ltd, took part in the hearing.What the commission saidThe bench, comprising President Justice Bibhas Ranjan De and Member Mridula Roy, noted that several key facts were not even in dispute — the couple had paid Rs 20,29,980, they had asked for the agreement to be cancelled, and they had not paid the remaining balance. Crucially, the developer offered no explanation at all for why the money hadn’t been returned.“No version regarding refund of amount has been submitted before us by the OP nos. 1 & 2,” the commission noted.“Under such circumstances, we are of the opinion that it will be just and proper if the OP nos. 1 & 2 refund the entire paid consideration made by the Complainants along with interest 9 per cent per annum thereon. We are also of opinion that the OP nos. 1 & 2 are liable to pay Rs. 50,000/- towards cost of litigation to the Complainants,” the commission further noted.It then dismissed the case ex parte, without costs, against the other opposite parties named in the complaint, including the landowners and India Bulls Distribution Service.The developer was directed to refund Rs 20,29,980 with 9 per cent annual interest, calculated from the date of each payment until the amount is fully repaid, along with Rs 50,000 in litigation costs — both to be paid within 60 days of receiving the order. Notably, the commission did not grant the couple’s original demands for 15 percent interest or the Rs 10 lakh sought in damages for mental harassment.