Date of Filing : 23/03/2017
Order No. 11 dt. 08/02/2018
The case of the complainant in brief is that the complainant executed a development agreement dated 21.07.2012 with M/s Alchemist Infra Realty Ltd for acquiring an undivided portion of land after development of the land, measuring an area of 1762.20 Kanal at Behanta and Tila , Tehsil – Kolarash, Dist- Shibpuri, Madhya Pradesh against payment of Rs.3,00,000/- to the company (o.p). The estimated value of the said undivided share of land after development will be not less than Rs.3,00,000/- after completion of 3 years i.e. on expiry of 21.07.2015. Accordingly a certificate of property had been issued by the o.p. vide the indenture with the allotment no. AIRL/RX 00028632 with assurance of payment in favour of the complainant. Similarly complainant was also entitled to get Rs2,00,000 on expiry of 04/10/2015 against submission of another certificate of property under allotment no. AIRL/RX 00032417 dated Oct 25, 2012. OP had regularly paid the monthly interest against the said two certificate/ development agreement up to the dates of maturity of the certificates. Complainant deposited the original certificates on 20.04.2015 and 11.03.2015 with the o.p. company in advance so that the company might pay the assured amount in due time. After expiry of the said date the complainant repeatedly requested the o.p. for payment of the said amount but o.p. did not respond to the demand of the complainant. After maturity, the op-company had neither paid the maturity amount of Rs 5,00,000/- nor continued to pay monthly interest so far paid by the op-company. Complainant sent letters on 24.03.2016 and 01.03.2016 claiming his matured amount of Rs5,00,000/-. But the o.p-company remained unmoved to the knock of the complainant. Finding no other alternative complainant filed this case praying for direction upon the o.ps for payment of the money of Rs.5,00,000/- with interest and compensation of Rs.3,00,000/- for mental agony, harassment & punitive damage and litigation cost of Rs.60,000/-.
In spite of issuing of notice through Post Office and through daily newspaper in the Ajkal patrikla dt 09.06.2017, the o.p –company did not contest this case by filing w/v and as such, the case has been proceeded ex-parte against the o.ps.
In order to prove the case the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of his claim including the receipts of payment of Rs3,00,000/- & Rs2,00,000/-, photocopies of the two certificates issued by the op and the receipts of deposition of the said certificates
On the basis of the pleadings of the complainant the following points are to be decided :
- Whether there was deficiency in service /utp on the part of the op?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons
All points are taken up together for the sake of brevity and repetitions of facts.
We have gone through the pleadings of the complainant and materials on record and evidences in particular. It is an admitted fact that the complainant executed a development agreement dated 21.07.2012 and dated 04.11.2012 with M/s Alchemist Infra Realty Ltd for acquiring two undivided portion of land after development of the land, measuring areas of 1762.20 Kanal each at Behanta and Tila , Tehsil – Kolarash, Dist- Shibpuri, Madhya Pradesh against payment of Rs.3,00,000/- and Rs 2,00,000/- to the company (o.p). The estimated value of the said undivided share of land after development will be not less than their invested value. Accordingly two certificates of property had been issued by the o.p. under the indenture with the allotment no. AIRL/RX 00028632 and AIRL/RX 00032417 with assurance of payment in favour of the complainant. Thereafter op had regularly paid the monthly interest against the said two certificates/ development agreements up to the dates of maturity of the certificates. Complainant deposited the original certificates on 20.04.2015 and 11.03.2015 with company. After expiry of the said date the complainant repeatedly requested the o.p. for payment of the said amount but o.p. did not respond to the demand of the complainant. After maturity, the op-company had neither paid the principal amount of Rs 5,00,000/- nor continued to pay monthly interest. OP-company ignored the knock of the complainant.
Considering the submissions of the complainant and on perusal of the materials on record we find the complainant invested an amount of Rs.5,00,000/- and there was assurance that Rs.5,00,000/- would be paid by the o.p. if the plot of developed land would not be handed over in time. Even after of expiry of the said time period the assured amount had not been paid by the o.p. in spite of repeated request by the complainant. On the basis of the said evidences on record it is evident that there was deficiency in service on the part of the ops. Since no challenge has been made by o.p. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant. We hold that there was deficiency in service on the part of the ops and complainant is entitled to get relief. Thus, all points are disposed of accordingly.
Hence, ordered.
that the case no.111/2017 is allowed ex-parte with cost against the o.p. The o.p. is directed to pay a sum of Rs.5,00,000/-(Rupees five lakh) only to the complainant along with compensation of Rs.35,000/- (Rupees thirty five thousand) only for harassment and mental agony and litigation cost of Rs.5,000/- within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
