Date: 31-08-2016

This is a complaint made by Sri Sital Adhikary and Smt. Khuku Adhikary against Alchemist Infra Reality Ltd. and Manager, Alchemist Infra Reality Ltd., praying for a direction upon the OP No. 2 to make payment of Rs. 3,63,000/-, and for further direction to pay Rs. 1,00,000/- as compensation and another sum of Rs. 40,000/- as litigation cost and also to pay the Complainants @ Rs. 3,300/- per month till disposal of the case.

Facts, in brief, are that on being approached by an agent of the OPs, Complainants deposited a sum of Rs. 3,30,000/- for a tenure of 3 years with the OPs on 26-02-2013.  After receiving the said amount, OP No. 2 issued a certificate to the Complainants.  It is stated that they received a sum of Rs. 3,300/- per month from the OPs till June, 2015.   On maturity, Complainants deposited the original certificate to the office of the OP No. 2 and asked for refund of the principal amount.  Allegedly, although the OP No. 2 assured them to do the needful, they have not returned a single penny till date.  Hence, the case.

On the basis of above facts, complaint was admitted and notices issued upon the OPs.  But, none of the OPs appeared to contest the case.  So, the case was heard ex parte.

Decision with reasons

Complainants filed Affidavit-in-Chief wherein they reiterated the facts stated in their complaint petition.

In support of their claim, Complainants submitted photocopies of concerned Certificate and some cheques towards receipt of monthly interests.  On due consideration of the documents on record, prima facie, we find no reason to disbelieve the contentions of the Complainants.  Further, in absence of any rebuttal from the side of the OPs, there seems no ground to call in question the averments of the Complainants.  Accordingly, we hold that the Complainant is entitled to get back Rs. 3,63,000/- from the OPs.  Besides this, we also deem fit and proper to award a sum of Rs. 10,000/- as litigation cost in favour of the Complainants.  However, Complainants have not made out a case in the complaint petition as regards mental agony and sufferings.  So, we are not inclined to award any compensation in favour of the Complainants.

Hence,

O R D E R E D

That CC/204/2016 be and the same is allowed ex parte in part against the OPs.  OPs are directed to pay (Rs. 3,63,000/- + Rs. 10,000/-) Rs. 3,73,000/- to the Complainants within two months of this order, i.d., the amount shall carry interest @ 10% p.a. after two months till full and final payment is made.