Order-13.
Date-12/03/2018.
AUTHOR. RABIDEB MUKHOPADHYAY, MEMBER
This is an application u/s.12 of the C.P. Act, 1986.
The case of the complainant in brief is that he invested a sum of Rs.250000/- in respect of the indenture dated 09/4/2012 executed between the company and the certificate holder for a proportionate undivided share in land admeasuring area of 1762.20 kanal, at Behanta & Tila, Tehsil Kolaras, Dist. Shivpuri, Madhya Pradesh for development of the said land OPs also agreed to hand over the developed land within 3 years, i.e. on 09/4/2015.
The Complainant alleged that after the date of maturity, he did not get the amount from the OPs in spite of his personal visit to OPs who promised to pay within fortnight but failed to keep the promises. The complainant further stated that OPs failed to develop the said project mentioned in the certificate. So, it is a clear case of unfair trade practice adopted by the OPs.
The complainant stated that he is a senior citizen and due to non-payment of his legitimate claim, he suffered huge monetary loss
The complainant stated that he is a consumer under the definition in C. P. Act, 1986 and the OPs are bound to pay the Principal with12 percent interest and prayed for refund of the amounts with compensation of Rs 80000/- and cost of litigation. He has alleged deficiency in service and unfair means of trade practice against the OPs.
OPs have not contested the case and the case has proceeded ex parte against the OPs in spite of delivery of summons and publicity in the news paper.. The OPs did not care to take part in the proceedings by way of giving their versions against the allegations leveled in the complaint.
Points for Decision
- Whether the OPs are deficient in rendering services to the complainant?
- Whether the OPs have indulged in unfair trade practice?
- Whether the complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have perused the document on record i.e. the copy of Certificate of Property issued by the Director, B. M. Mahajan of the OP.
We find that the investment of Rs 250000/- was made and it has been admitted by the OPs through the Certificate of Property issued on 30/4/2012, effective from 09/4/2012 and to mature on 09/4/2015. So, there is no doubt that the complainant is a consumer as contemplated u/s 2(1)(d)(ii) of the Act.
We also noted that the OPs not only committed deficiency in service in not keeping its promises to the complainant in handing over the developed land within 09/4/2015 but also adopted unfair trade practice by way of looting the invested money of the complainant. Not only this, OPs tactically designed the certificate promising return of the invested amount to the amount not exceeding the invested amount, if the OPs fail to deliver the developed land. This is sheer deficiency and unfair means by way of which OPs thrived with business, extracted money from the public at large and amassed wealth taking opportunity of ignorance and distressed conditions of the complainant for their own benefit and ulterior gain.
. The Evidence-on-Affidavit filed by the complainant also remains unchallenged and uncontroverted from the side of the OPs. The OPs could not file any version as well in controverting the allegations of the complainant, thereby admitting indirectly the allegations of the complainant.
As a logical corollary of the discussion as made above and having regard to the document and evidence on record, we think that the complainant is entitled to get some relief as prayed for.
Consequently the case merits success and we are constrained to pass
ORDER
That the instant case be and the same is allowed ex parte against the OPs in terms of section 13(2)(b)(ii) of the Consumer Protection Act, 1986 as amended;
That the OPs-1 & 2 are directed to jointly and severally return to the complainant within 30 days of this order.
Rs 250000/- with 9 percent interest from 09/4/2012 till date of actual payment, Rs 20000/- under section 14(1)(d) of the Act as compensation for physical harassment and mental agony and Rs 5000/- as litigation cost;
That the OPs-1 & 2 are further directed to jointly and severally pay within 30 days of this order Rs 30000/- under section 14(1)(hb) of the Act, for unfair trade practices, which shall be deposited with the Forum;
That on non-compliance of above order by the OPs-1 & 2, the complainant shall have the liberty to put the order into execution under section 27 of the Act ibid.
Let parties be handed over copies of the judgement when applied for.
