West Bengal

Siliguri

CC/16/65

RUMA CHOWDHURY - Complainant(s)

Versus

1. M/S ALCHEMIST INFRA REALTY LIMITED. - Opp.Party(s)

SANTANU CHAKRABORTY

12 Sep 2017

ORDER

District Consumer Disputes Redressal Forum, Siliguri
Kshudiram Basu Bipanan Kendra (2nd Floor)
H. C. Road, P.O. and P.S. Prodhan Nagar,
Dist. Darjeeling.
 
Complaint Case No. CC/16/65
 
1. RUMA CHOWDHURY
D/O LATE BADAL KANTI CHOWDHURY,SUKANTA PALLY,NEAR BALAKA MORE, P.O-SILIGURI BAZAR,P.S.-SILIGURI,DIST-JALPAIGURI,PIN-734005
...........Complainant(s)
Versus
1. 1. M/S ALCHEMIST INFRA REALTY LIMITED.
SILIGURI BRANCH,NAZRUL SARANI, ASHRAM PARA,2ND FLOOR, P.O & P.S.-SILIGURI,DIST-DARJEELING, PIN-734001.
2. 2. M/S ALCHEMIST INFRA REALTY LIMITED.
723, DLF TOWER,A, JASOLA ,DIST CENTRE,NEW DELHI.
3. 3. PUNJAB NATIONAL BANK
SECTOR-9 D, CHNADIGARH-160009.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE SMT. KRISHNA PODDAR PRESIDENT
 HON'BLE MR. SHRI TAPAN KUMAR BARMAN MEMBER
 HON'BLE MRS. PRATITI BHATTACHARYYA MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 12 Sep 2017
Final Order / Judgement

The case is taken up for exparte order.

The case of the complainant in brief is that the complainant handed over RS.2,10,000/- to the OP no.1 for investment to multiply the amount on 21.02.2012 and the OP handed infavour of the complainant of PNB sect. 9D Chandigarh , Pin-16009. The matured amount will be payable after 03 yrs including dividend accrued but the OP No.1 ans 2 did not return the amount. The post dated cheques have been returned by the bank due to insufficient fund. Hence the complainant filed this case.

 The Op no.1 and 2 did not file w/v . The Op no 3 sent a reply by post but did not appear. Hence the case proceeds exparte against the OPS.

 The complainant files the following documents.

  1. Xerox copy of cheques issued by the OP no.3
  2. Xerox copy of the certificate issued by the Ops.
  3. Xerox copy of the memorandum issued by the OP no.3
  4. Xerox copy of the receipt memos of the dividend issued by the OP.
  5. Xerox copy of the cheque of the dividends
  6. Xerox copy of the Bank pass Book.
  7. Original cheque by archemist Infra reality Ltd. Dtaed 21.08.2015.

 At the time of writing judgement the following inadequecia were found:-

  1. Original return memos all dated 15.5.15 against Ch. No. 177110,177111 and 177112 each amounting Rs.21, 00/- have not been submitted.
  2.  Ch. No.177110, 177111 have neither been submitted in Xerox nor in original.
  3. Ch. No. 177112 in original also has not been submitted.
  4. In the prayer portion of the complainant such Of Rs.8000/- was prayed as dividend money but total of all the cheques submitted in Xerox is Rs.10,500/- whereas in the complainant the complainant stated demand for Rs.6300/-.
  5. Ch, No. in para 5 and in para 7 do not tally.
  6.  There is no return memo against Ch. No.0012119 dated 21.08.2015 amounting to Rs.2, 10,000/- to prove that the cheque is dishonored.

       Forum the above discussion, we are of the view that the complainant has failed to prove his case.

    

   Hence it is

 

ORDERED

 

That the consumer case No. 65/S/2016 be and the same is dismissed exparte against the O.P.s.

 
 
[HON'BLE MR. JUSTICE SMT. KRISHNA PODDAR]
PRESIDENT
 
[HON'BLE MR. SHRI TAPAN KUMAR BARMAN]
MEMBER
 
[HON'BLE MRS. PRATITI BHATTACHARYYA]
MEMBER

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