DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. _132_ OF ___2016_
DATE OF FILING : 29.11.2016 DATE OF PASSING JUDGEMENT: 16/06/2017
Present : President : Udayan Mukhopadhyay
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : Jayanta Kuamar Bhattacharyya, son of late Bhabani Charan Bhattacharyya of Village & P.O Harinavi, P.S Sonarpur, M.N. Roy Road, Chakraborty Para, Kolkata – 700148.
-VERSUS -
O.P/O.Ps : 1. Alchemest Township India Limited, at Subha Complex, 2nd Floor, Baruipur Kachari Bazar, Kolkata – 144.
2. Alchemist Township India Limited, at 15, Ganesh Chandra Avenue, 3rd Floor, P.S. Hare Street, Kolkata- 700013.
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J U D G E M E N T
Sri Subrata Sarker, Member
This an application under section 12 of the C.P Act, 1986 filed by the complainant on a ground that the complainant purchased two monthly income scheme policy from the O.P for a period of 1 year and 8 month bearing Certificate no.TZZ0027297 dt.3.8.2013 and TZZ0007344 dt.3.8.2013 and it was assured by the O.P that the each deposited amount would be refunded together with interest/compensation after a period of 1 year 8 months which would not be less than Rs.1,20,000/-.
The certificate No.RZZ0007344 was matured on 11.2.2015 and upon surrender of the certificate to the O.P, the O.P issued a post dated cheque in favour of the complainant bearing cheque no.392151 dated 11.8.2015 drawn on Punjab National Bank, but the said cheque was dishonoured on 12.8.2015 from the complainants Bank Union Cooperative Bank, Kolkata, Mahinagar Branch.
The other certificate no.TZZ0027297 was matured on 21.4.2015 but maturity amount of Rs.1,20,000/- was not been paid to the complainant by the O.P.
The complainant also purchased 3000 nos. of Redeemable preferential Debenture of Rs.10/- each amounting to Rs.30,000/- to be redeemed at not less than Rs.90,000/-.
The O.P issued a cheque Rs.46,800/- bearing cheque no.741166 dt.21.10.2015 drawn on Punjab National Bank and a payment advice of Rs.46,800/- totaling to Rs.93,600/- being the redemption money was issued in favour of the complainant. The said cheque was also dishonoured for fund insufficient.
The complainant made a representation with the company asking disbursement of the maturity amount and redemption amount totaling toRs.3,33,600/- by a letter advanced to the O.P to its registered office as well as branch office which was duly received by the company, but till this date the O.P did not pay a single amount to the complainant.
The case is running exparte against O.P.
Decision with reasons
The complainant has stated that he purchased two monthly scheme policy from the O.P for a period of 1 year and 8 month bearing Certificate no.T220027297 dated 3.8.2013 and T220007344 dt. 3.8.2013 and it was assured by the O.P that the each deposited amount would be refunded together with interest/compensation after a period of 1 year and 8 months which would be not less than a sum of Rs.1,20,000/-.
He also purchased 3000 nos. of Redeemable Preferential Debenture of Rs.10/- each amounting to Rs.30,000/- to be redeemed at not less than Rs.90,000/-.
That a cheque of Rs.46,800/- bearing cheque no.741166 dt.1.10.2015 drawn on Punjab National Bank and a payment advice of Rs.46,800/- totaling to Rs.93,000/- being the redemption money was issued in favour of the complainant. But the same cheque also dishonoured with the remarks “Fund insufficient”.
But from the documents filed by the complainant it is evident that he did not purchase two monthly scheme policies from the O.P . The complainant expressed his interest to acquire plot/villa /apartment in the O.P’s Housing Project at Park Avenue, Talwandi, Bhai Tehnil-Zeera, Dist.-Firozpur, Punjab and paid an amount of Rs.1,20,000/- to the O.P. In response to that the O.P replied that in the event of not accepting allotment of plot/villa/apartment offered to the complainant ,then the O.P will refund the amount of Rs.1,20,000/- . So, those are not monthly income policies.
But from the documents filed by the complainant, it is fact that he purchased 3000 nos. of Redeemable preferential Debenture of Rs.10/- each amounting to Rs.30,000/- to be redeemed are not less than Rs.90,000/- for which it is,
Ordered
That the complaint case is partly allowed in exparte against the O.P.
The O.P is directed to refund the amount of Rs.93,600/- being the redemption amount against the redeemable debenture along with interest @10% p.a from the date of maturity within 30days from this order.
The O.P shall have to bear the litigation cost of Rs.3000/- and compensation to the tune of Rs.7000/- within 30 days from this order.
Be it mentioned here that if the O.P failed to comply the above order then the complainant is at liberty to execute the order through this Forum.
Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.
Member Member President
Dictated and corrected by me
Member
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
Ordered
That the complaint case is partly allowed in exparte against the O.P.
The O.P is directed to refund the amount of Rs.93,600/- being the redemption amount against the redeemable debenture along with interest @10% p.a from the date of maturity within 30days from this order.
The O.P shall have to bear the litigation cost of Rs.3000/- and compensation to the tune of Rs.7000/- within 30 days from this order.
Be it mentioned here that if the O.P failed to comply the above order then the complainant is at liberty to execute the order through this Forum.
Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.
Member Member President
