Order No.  11  dt.  19/11/2019

The case of the complainant in brief is that the complainant executed four development agreements on 19.03.2012 & 21.03.2012 with M/s Alchemist Infra Realty Ltd for acquiring four areas of undivided portion of lands after development of the lands, measuring an area of 1762.20 Kanal each at Behanta and Tila , Tehsil – Kolarash, Dist- Shibpuri, Madhya Pradesh against payments of Rs.7,00,000/- to the company (o.p). The value of the said undivided  share of land after development will be not less than Rs 7,00,000/- after completion of 3 years. Accordingly 4 certificates of property had been issued by the o.p. vide the indentures with the allotment nos. as noted below

 After expiry of the said dates of maturity  the complainant repeatedly attempted to approach the o.p. for payment of the said amount but o.p. was not available for getting the matured amount . Complainant caused to issue legal notice to the op for payment of the amount due. But op did not respond to the call of the complainant  Finding no other alternative complainant filed this case  praying  direction upon the o.ps for payment of the money of Rs.7,00,000/- along with compensation of Rs1,00,000/-for harassment and mental agony, and litigation cost Rs1000/-.

          PR & TR show that notice had not been served upon the ops. Consequently complainant was asked to issue notice in the news paper. But in spite of issuing notices through widely circulated daily Newspaper, the PROTIDIN  op did not contest this case by filing w/v. As such, the case has been proceeded exparte 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 photocopies of indentures as well as post dated cheques  issued by the o.p. Due to unchallenged testimony of the complaint there is no scope to disbelieve the submission of the complainant and therefore it should be accepted and necessary order is to be passed accordingly.

          Considering the submissions of the complainant and on perusal of the materials on record we find that op-company executed a development agreement with the complainant for handing an undivided portion of land after development of the land, measuring an area of 7048.80 Kanal at Behanta and Tila , Tehsil – Kolarash, Dist- Shibpuri, Madhya Pradesh and complainant had been conveyed vide the indentures noted below against payment of Rs.7,00,000/- to the company (o.p). The value of the said undivided  share of land after development will be Rs.7,00,000/- after completion of 3 years.

          Op-company had failed to provide the land after development. Even after of expiry of the said time period  the assured amount had not been paid by the o.ps. in spite of repeated attempts by the complainant. On the basis of the said evidences on record and since no challenge has been made by o.ps. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant.

           In view of the above position we have arrived to the conclusion that there was deficiency in service on the part of the o.p. Therefore, complainant is entitled to get relief.  The case is  thus, disposed of accordingly.

Hence, it is ordered

That the case no.35/2019 is allowed  exparte against the op with cost. The o.p is directed to pay a sum of Rs.7,00,000/-(Rupees Seven lakh) only to the complainant along with compensation of Rs.50,000/- (Rupees Fifty Thousand) only for harassment and mental agony and litigation cost of Rs.4,000/- ( Rupees Four thousand ) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.