25....24.02.2022....
Today is fixed for delivery of judgment/final order.
Final order containing 6 pages is ready. It is sealed, signed and delivered in open Forum/Commission.
It is,
ORDERED
That the complainant be and the same is allowed ex-parte with cost of Rs.10,000/- against the O.Ps.
O.Ps. jointly and severally are directed to pay Rs.4,00,000/- with 10% interest p.a. from 20.06.2013 till last payment, within 60 days from the date of this order.
O.Ps. jointly and severally are directed to pay Rs.2,00,000/- with 10% interest p.a. from 26.05.2015 till last payment, within 60 days from the date of this order.
O.Ps. jointly and severally are directed to pay Rs.20,000/- as compensation for causing mental pain and agony to complainant within 60 days from the date of this order.
The complainants are at liberty to put the order into execution to recover the amount through instrumentality of the Commission.
Let a copy of the order be sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website www.confonet.nic.in.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO. 181 OF 2019
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
22.10.2019 24.10.2019 24.02.2022
Present : President : Asish Kumar Senapati
Member : Jagadish Chandra Barman
Member : Sangita Paul
COMPLAINANT : 1. Rajat Kumar Haldar, S/o – Late Gabinda
Prasad Haldar, Village–Uttar Hazipur,
P.O. + P.S. - Diamond Harbour,
Dist. – South 24 Parganas, Pin – 743 331
Versus
O.P/O.Ps : 1. Branch Manager, Alchemist Township India Limited, Vill – Amtala, P.O. – Kanyanagar, P.S. – Bishnupur, Dist. – South 24 Parganas,
Pin-743 503
2. K.D. Singh, President, Alchemist Township India Limited, Corporate Office – Plot No.FS, Rajiv Gandhi Chandigarh Technology Park (RGCTP), Chandigarh – 160 101, Regd. Office – 411-412 Ansai Tower-38, Nehru Place, New Delhi-110019.
3. Ranjit Mondal (Pradip), S/o. Subodh Mondal, Vill-Bhagabanpur (Hospitalpara, Dr. Paul’s Gali), Ward No.04, P.O. + P.S. – Diamond Harbour, Dist. – South 24 Parganas, Pin – 743 331.
Smt. Sangita Paul, Member
This is a case filed by Mr. Rajat Kumar Haldar, S/o. Late Gobinda Prasad Haldar with a direction to the O.Ps. to refund the amount paid to the complainant of Rs.4,00,000/- only and Rs.2,00,000/- only along with 12% interest p.a. from the date of investment till last payment and to pay to complainant a sum of Rs.1,00,000/- only as compensation for unfair trade practice and mental agony and to pay a sum of Rs.20,000/- as litigation cost.
Branch Manager, Alchemist Township India Ltd. is O.P. No.1. Corporate Office is situated at Rajiv Gandhi Chandigarh Technology Park (RGCTP) and O.P. No.2, Mr. K. D. Singh, who is associated with the Corporate Office. Ranjit Mondal (Pradip) is O.P. No.3. His agent Code No, is 10049582. Ranjit Mondal is the son of Subhas Mondal.
Complainant by filing this case states that complainant and his mother Ranjita Halder invested Rs.6,00,000/- only to the O.Ps’ Company on 20.06.2013 and 26.05.2015 respectively for the period of 5-years 6-months and another for the period of 6-years respectively through agent O.P. No.3 who committed 12% interest p.a. and complainant was told that the interest would be payable monthly of any S/B A/C. of SBI.
After 6-months, complainant and his mother did not get any monthly interest on investment. As a result, complainant informed verbally to O.P. No.1 & 3 repeatedly but with no result. Complainant did not get any remedy. Complainant Mr. Rajat Kumar Haldar sent a written complaint through registered letter on 10.07.2016 to O.P. No.1 & 2 but O.Ps 1 & 2 did not reply to complainant’s letter. Complainant sent a legal notice but the O.Ps. 1 & 2 did not take any step.
The maturity date of Rs.4,00,000/- only was 20.12.2018. Complainant met with O.Ps No. 1 & 3 for several times for getting back the invested amount. O.Ps. 1 & 3 assured that the fund would be refunded after few months. Complainant met with O.P. No.1 with the policy certificate on 16.10.2019 at the Branch Office of Alchemist and claimed his maturity amount with 12% interest p.a. O.P. No.1 again gave false assurance. Afterwards complainant and O.P. No.1 were in confrontation. O.P. – 3 did not help in this regard.
The O.Ps. failed to pay the maturity amount with interest. Record shows that they are engaged in unfair trade practice and cheating the complainant. Complainant and his mother have legal and legitimate claim to obtain the invested amount with 12 % interest p.a. on the maturity date from the date of investment.
Complainant’s mother is 70 years old and she is weak and feeble. She gave special power of attorney to complainant about her claim. She gave power to her son.
The complaint filed is not barred by limitation and is also within the territorial jurisdiction of Ld. Commission. Complainant prays for refunding the amount of Rs.4,00,000/- and Rs.2,00,000/- along with 12% interest p.a. from the date of investment till last payment, complainant also prays for a sum of Rs.1,00,000/- only as compensation for unfair trade practice and mental agony and a sum of Rs.20,000/- only as litigation cost.
Notices were sent to all the OPs. Notices were duly served upon the O.Ps as per track report.
O.PS. were absent on 20.12.2019, 13.01.2020 and all other successive dates. Complainant was present on 21.11.2021. O.Ps. did not enter appearance. So, the case was heard ex-parte against the O.Ps and we proceeded for giving judgment.
POINTS OF DISCUSSION :
- Is the complainant a consumer ?
- Are the O.Ps. guilty of deficiency in service and unfair trade practice ?
- Is the complainant entitled to get relief as prayed for ?
DECISIONS WITH REASONS :
On perusal of existing records and documents, it appears that complainant Mr. Rajat Kumar Haldar invested Rs.4,00,000/- only to Alchemist Towhship India Ltd. on 20.06.2013 and he got the paper on 11.07.2013 for purchasing a plot of land / villa / apartment in the Housing Project at Park Avenue, District – Firozpur, Punjab. The customer ID No:TLL00011273. Complainant was told that the company would refund the amount received together with compensation assessed by the company. Somehow the discussion between complainant and O.P. did not materialise. On the other hand complainant’s mother Mrs. Ranjita Haldar invested Rs.2,00,000/- only in the Alchemist Township India Ltd. on 26.05.2015 for purchasing land / villa / apartment in the Housing Project at Park Avenue, Dist. – Firozpur, Punjab. Her customer ID is TLL0942780 Complainant’s mother was assured that she would get the money along with compensation. She did not accept the allotment. It appears that complainant is a consumer. Ranjita Haldar is deprived of getting the fruit of the project, she too is yet to receive money invested by her. O.Ps. could not keep their promises. Complainant enquired for several times. He got Power of Attorney from his mother on 26.08.2016. He enquired about the money invested by him and his mother. Still nothing was solved. The O.Ps. are not in a position to refund money. They did not care to listen to complainant’s words. The O.Ps. did not pay heed to the complainant’s appeal. The date of maturity of Rajat Haldar’s investment was 20.12.2018 and the date of maturity of Ranjita Haldar’s investment was 26.05.2015 . Ranjita Haldar invested on 26.06.2021. Notice was served to the O.Ps. But they did not appear to contest the case. It appears that the O.Ps. have malafide intension. They are not in a position to refund money. The O.Ps. are deviating from their duties. In contract paper, it was written lucidly that complainant / applicant would get the money back, if the complainant did not accept the project. But the reality is that O.Ps. did not proceed a step further. The project period of both investments were over. Complainant and his mother invested money with a hope of getting return. No plot / villa / apartment was given after the expiry date of maturity of both the projects, complainant is deprived of getting money. O.P. did not care to refund complainant’s hard-earned money. There is deficiency in service and unfair trade practice on the part of the O.Ps. Complainant invested the money with a hope of getting a good return but his hope has not been fruitful. Complainant is entitled to get the money back. O.Ps. are to refund money as early as possible. Because they failed to refund money after the stipulated period. Complainant faced several problems. O.Ps. must refund the money. Complainant is also entitled to get compensation. In the result, the complaint succeeds.
Fees paid are correct.
Hence,
ORDERED
That the complainant be and the same is allowed ex-parte with cost of Rs.10,000/- against the O.Ps.
O.Ps. jointly and severally are directed to pay Rs.4,00,000/- with 10% interest p.a. from 20.06.2013 till last payment, within 60 days from the date of this order.
O.Ps. jointly and severally are directed to pay Rs.2,00,000/- with 10% interest p.a. from 26.05.2015 till last payment, within 60 days from the date of this order.
O.Ps. jointly and severally are directed to pay Rs.20,000/- as compensation for causing mental pain and agony to complainant within 60 days from the date of this order.
The complainants are at liberty to put the order into execution to recover the amount through instrumentality of the Commission.
Let a copy of the order be sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
Member
