SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

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

The complaint case, in brief, is as follows :-

            The OP-1 Alchemist Township India Ltd. launch a deposit scheme to the public at large for investment against acquire of plot / villa / apartment at Park Avenue, Talwandi Bhai, Tehsil -Zeera, Dist. Firozpur, Punjab and one Jagadish Chandra Bhowmick  invested Rs.1,00,000/- to the OP-1 on 01/12/2010. The OP-1 issued certificate being No. RD00359890 dated 01/12/2010 in favour of Jagadish Chandra Bhowmick. The said Jagadish Chandra Bhowmick and his wife Ashima Bhowmick assigned / surrendered / transferred the aforesaid certificate dated 01/12/2010 to the complainant due to urgent need of money and affirmed an affidavit dated 06/01/2018 to that effect. The maturity date of the said certificate was 01/12/2016. On conclusion of the contract, the OPs did not take any positive step to complete the project. In spite of maturity the O.Ps did not refund the maturity amount. It is further alleged the OPs have adopted unfair trade practice towards discharging their duties and liabilities. The complainant has prayed for refund of the invested amount including other reliefs in terms of the consumer complaint.

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

Decision with Reasons

To establish his case the complainant has filed evidence on affidavit and also produced photocopies of certificate being No.RD00359890 dated 01/12/2010,  assignment / surrender / transfer deed and affidavit duly affirmed before the Notary Public. On perusal of those documents, we find that one Jagadish Chandra Bhowmick invested Rs.1,00,000/- to the O.P.-1  against  certificate No.RD00359890 dated 01/12/2010, to acquire plot / villa / apartment at Park Avenue, Talwandi, Bhai, Tehsil Zeera, Dist. Firozpur, Punjab and the tenure of certificate is 01/12/2016. It further appears to us that the said Jagadish Chandra Bhowmick transferred the aforesaid certificate in favour of the complainant after receiving the certificate amount by putting his signature thereon. The Buyer also put his signature in the surrender / transfer deed. Affidavit dated 06/01/2018 goes to show that the said Jagadish Chandra Bhowmick and his wife Ashima Bhowmick affirmed and declared before the Notary Public that they assigned the certificate being RD00359890 dated 01/12/2010, to the complainant against payment of certificate value.  In spite of maturity the O.Ps. did not refund the maturity value of the certificate to the complainant.

            We do not find any reason why the OPs collected the amount from the depositors by issuing certificates and hold the amount as per their own discretion. Even the OPs failed and neglected to take any positive step to complete the project at Park Avenue, Talwandi within the district of Firozpur, Punjab. Therefore, we hold that the OPs demonstrated a gesture of deficiency in service and indulged in unfair trade practice.  OPs have 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.

Hence,

Ordered

That the complaint case be and the same is allowed ex parte against the OPs with litigation cost of Rs.1,000/- (Rupees one thousand) only.

            OPs are jointly and severally directed to refund Rs.60,000/- (Rupees Sixty Thousand) only to the complainant within 45 (forty five) days from the date of this order along with litigation cost failing which the complainant is entitled to get interest  at the rate of5 percent PA on the decreetal amount.

            OPs are 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 OPs transgress to comply the order.