Sri  Swapan Kumar Mahanty, President.

This is an application u/s.12 of the C.P. Act, 1986.

            The complaint, in brief, is as follows :-

            The OP Alchemist Infra Realty Ltd. is a multi faceted organization and carrying on business of real estates.  Being allured, the presentation of the OP, complainant invested Rs.1,00,000/- to the OP Company for proportionate undivided share of land measuring an area of 1762.20 Kanal at Behanta & Tila, Tehsil Kolaras within the district of Shivpuri, Madhya Pradesh against Development Agreement dated 23-02-2013.  The expiry date of tenure of the certificate was 23-02-2016.  In spite of expiry date of tenure, the OP did not inform about the fate of investment.  The activities and conduct of the OP constitute a clear cut case of deficiency of service and unfair trade practice.  Hence, the complaint.

            In spite of service of notice the OP did not turn up to contest the case.  As such, the case has proceeded ex parte against the OP.

Decision with Reasons

To establish his case the complainant adduced evidence through affidavit and has also produced photo copies of certificate of property (Allotment No.AIRL/RX00038366) and money receipt dated 21-02-2013.  On perusal of those documents, we find that the complainant invested Rs.1,00,000/- to the OP against Indenture dated 23-02-2013 for proportionate undivided share of land measuring an area of 1762.20 Kanal at Behanta & Tila, Tehsil Kolaras within the district of Shivpuri, Madhya Pradesh and the expiry date of tenure of certificate was 23-02-2016.  Complainant invested such amount to the OP by an account payee cheque dated 20-02-2013 drawn on SBI, Jalpaiguri Branch against money receipt dated 21-02-2013.  In spite of expiry date of tenure of the certificate the OP did not inform the complainant about the fate of the investment. 

            We do not find any reason why the OP collected the amount from the depositors by issuing certificate of property and hold the amount as per their own discretion.  Therefore, we hold that the OP demonstrated a gesture of deficiency in service and indulged in unfair trade practice.  OP has also caused harassment, mental pain and agony to the complainant.

            Complainant corroborates his case by adducing evidence on affidavit and producing documents.  The evidence of the complainant remains unchallenged and uncontroverted.  In absence of any contrary and controverting materials on record and having regard to the documents on record, we are of the opinion that the complainant has been able to prove his case.  As such, the complainant is entitled to get relief as prayed for.

            In the result, the case succeeds in part.

Hence,

Ordered

That the complaint case be and the same is allowed ex parte against the OP in part with litigation cost of Rs.3,000/- (Rupees three thousand) only.

            OP is directed to refund Rs.1,00,000/- (Rupees One lakh) only to the complainant within 45 (forty five) days from the date of this order with litigation cost.

            OP is further directed to pay Rs.20,000/- (Rupees Twenty thousand) only to the complainant for causing harassment, mental pain and agony within the stipulated period.

            OP is also directed to deposit Rs.5,000/- (Rupees Five thousand) only to this Forum as punitive damage for practicing unfair trade within the stipulated period.

Liberty be given to the complainant to put the order in execution, if the OP transgresses to comply the order.