DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. __61_ _ OF ___2019
DATE OF FILING :_23.4.2019 DATE OF PASSING JUDGEMENT: 20.11.2019
Present : President : Ananta Kumar Kapri
Member(s) : Jhunu Prasad & Jagdish Chandra Barman
COMPLAINANT : Sri Bijan Kumar Mandal, son of Radhakrishna Mandal of Village Narayanpur, P.O Namkhana, P.S Kakdwip , Dist. South 24-Parganas, Pin-743357.
O.P/O.Ps : 1. The Manager, Alchemist Holdings Limited/Alchemist Township India Limited/Alchemist Infra Realty Limited, SCO:232-233, 3rd floor, Sector-34-A, Chandigarh- 160009.
2. The Manager, Alchemist Township India Limited, Flat no.1511, Undivided Front Portion of Hemkund Chambers, 89, Neheru Place New Delhi-110019.
3. The Branch Manager, Alchemist Holdings Limited/ Alchemist Township India Limited/Alchemist Infra Realty Limited, (Near Kakdwip hospital more), P.S Kakdwip, Dist. South 24-Parganas, Pin-743347.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
The facts leading to the filing of the instant case by the complainant may be epitomized as follows.
The complainant invested Rs.3 lac with the O.P company on 4.4.2013 and the O.P company agreed to purchase a plot/villa/apartment for the complainant by that money. They also agreed to pay interest to the complainant in case of their failure to provide any villa etc. to the complainant. It is also alleged by the complainant that the said company has also paid Rs.3000/- per month as interest to him up to 14.9.2015 . The certificate has matured on 14.3.2016 and the maturity value has not been paid to the complainant by the O.P company. The complainant has, therefore, filed the instant case ,praying for passing an order directing the O.Ps to pay the principal amount of Rs.3 lac along with interest accruing thereon and also to pay compensation for physical and mental harassment etc. Hence, this case.
Notice of the case has been served upon the O.Ps vide postal track report kept in the record. But the O.Ps have not turned up to contest the case and, therefore, the case proceeds exparte against them.
Upon the averments of the parties, the following points are formulated for consideration.
POINT FOR DETERMINATION
- Are the O.Ps guilty of deficiency in service as alleged by the complainant?
- Is the complainant entitled to get relief or reliefs as prayed for ?
EVIDENCE OF THE PARTIES
Petition of complaint is treated as evidence of the complainant vide his petition dated 8.11.2019.
DECISION WITH REASONS
Point no.1 & 2 :
In the instant case, it is stated in the petition of complaint ,which is treated as evidence of the complainant, that the complainant invested Rs.3 lac with the O.P company and that the O.P company has not yet returned the maturity value of the said money by the date as specified in the certificate issued by the said company. A copy of the certificate has been placed on record by the complainant along with a copy of acknowledgement whereby the receipt of Rs.3 lac by the company is admitted.
That apart, it is deposed by the complainant that he invested Rs.3 lac with the O.P company and the O.P company has not returned the maturity value of the certificate . All these evidences of the complainant have remained unchallenged and unrebuted. It is also confessed by the complainant that the O.P company has paid interest @Rs.3000/- per month to him since 14.9.2015 till December, 2018. It now stands proved that O.P company has received money amounting to Rs.3 lac from the complainant on condition to return the same with interest by 14.3.2016. There is no material placed on record to prove that the O.P company has purchased any villa or land in the name of the complainant. In absence of such material proof, we feel constrained to hold that the O.P company has adopted tortuous path in order to collect money from the innocent citizen like the complainant .
Be that as it may, the O.P company will have to return the money taken by it from the complainant with interest. They will also have to pay compensation for unnecessary harassment put to the complainant both physically and mentally.
In the result, the case succeeds .
Hence,
ORDERED
That the complaint case be and the same is decreed exparte against the O.Ps with a cost of Rs.10,000/- .
The O.Ps are directed to refund Rs.3 lac to the complainant with interest @7% p.a from the date of policy i.e 4.4.2013 till full realization of the same.
They i.e the O.Ps are also directed to pay a sum of Rs.50,000/- as compensation to the complainant for causing physical and mental harassment to him.
Be it mentioned here that the sum of money whatever has been paid to the complainant by the O.P company by way of interest will be deducted from the interest to be paid to the complainant on the principal amount invested by the complainant as referred to above.
Let a certified copy of this order be given to the parties concerned free of cost at once by the Register-In-Charge of this Forum..
Member Member President
Dictated and corrected by me
President
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
.
ORDERED
That the complaint case be and the same is decreed exparte against the O.Ps with a cost of Rs.10,000/- .
The O.Ps are directed to refund Rs.3 lac to the complainant with interest @7% p.a from the date of policy i.e 4.4.2013 till full realization of the same.
They i.e the O.Ps are also directed to pay a sum of Rs.50,000/- as compensation to the complainant for causing physical and mental harassment to him.
Be it mentioned here that the sum of money whatever has been paid to the complainant by the O.P company by way of interest will be deducted from the interest to be paid to the complainant on the principal amount invested by the complainant as referred to above.
Let a certified copy of this order be given to the parties concerned free of cost at once by the Register-In-Charge of this Forum..
