Order-12.
Date-12/04/2018.
SMT. SANGITA PAUL, MEMBER.
This is an application u/s.12 of the C.P. Act, 1986.
Complainants by filing this case state that they invested a sum of Rs.2, 00,000/- in respect of the indenture dated 28.02.2013, executed between the company and the certificate holder a proportionate undivided share in land measuring area of 1762.20 Kanal, at Behanta&Tila, Teshil, Kolaras, Dist. Shivpuri, Madhya Pradesh for development of the said land and the O.P, also agreed to hand over the same within 3 years i.e. on 23.02.2016.
The complainants’ further state that after maturity of the said deposited amount the complainant claimed the said amount to the O.Ps but the O.Ps failed to pay the said amount to the complainants.
That complainants state that since the date of depositing the amount, the O.Ps never paid any amount of interest to the complainants although complainants for several times requested the O.Ps for payment and the O.Ps promised to pay the said amount within fortnight but till date they did not take any action as per their commitment.
That complainants further state that O.Ps also fail to do any work or to develop the said project mentioned in the certificate so it is a clear case of unfair trade practice on part of the opposite parties.
That one of the complainants is Senior Citizen and due to nonpayment of his legitimate claim amount the complainant suffers huge monetary loss, mental agony.
That complainants are the consumer under the definition of C.P. Act, 1986 and O.Ps are bound to pay the principal amount with interest to the complainants since the date of payment and also direct the office to pay compensation of a sum of Rs.80, 000/- due to unfair trade practice, deficiency in service on part of the O.Ps.
In the above facts and circumstances, it is humbly prayed to direct the O.P to pay a sum of Rs.2, 00,000/- with 12 percent interest, plus Rs.80, 000/- compensation due to unfair trade practice.
That until and unless the prayer is allowed the complainant will suffer irreparable loss and injury.
That the application is made bone fide and for the ends of justice.
Hence, it is prayed that your honor would kindly allow this petition and pass necessary orders as follows-
- To issue show cause notice upon the O.Ps.
- To direct the O.P to pay principal amount of a sum of Rs.2, 00,000/- with 12 percent interest since the date of payment.
- To direct the O.P to pay compensation of a sum of Rs.80, 000/- for deficiency in service and unfair trade practice.
- To pay Cost of litigation of Rs.20, 000/-.
- To pass such other order or orders as the Ld. Forum may deed fit and proper.
The complaint case was admitted on 09.08.2017.On 09.08.2017, complainant was to take recourse to newspaper publication, on 14.09.2017, complainant prays for time for taking steps on the next three consecutivedays, Complainant prays for taking steps on 15.01.2018, complainant files track report which shows that notice was sent to O.P No.1, but, the same is returned with postal endorsement ‘unclaimed’ which tantamounts to good service. O.P No.1 was absent on call on 15.01.2018 notice could not be sent to O.P No.2. Hence service against O.P No.1 is complete O.P No.1 is a company. Hence it is regarded that service against O.P No.2 is complete. On 20.02.2018, complainants pray for time for filing E/Chief. E/Chief was filed by complainants. Agreement was heard ex parte. O.Ps did not file E/Chief. Hence complainant’s version remained uncontroverted and unchallenged. Then we proceeded for giving judgment.
Decision with Reasons
We have perused complaint petition, papers of Alchemist Infra Reality Limited and other documents lying on record. The O.P, i.e. Alchemist Infra reality Limited is a multi faceted and multi dimensional organization. Alchemist India has its core strength in Education, food processing, Finance, Sports, Real estate and Entertainment. They launched several deposit schemes to the public at large. They also give advertisement for selling land against investment. In this case, complainant also invested their hard-earned money for buying land. O.P assured complaint that they would develop the land and hand over the same complainants within stipulated period. Being satisfied with the O.Ps words, complainants were satisfied with the O.Ps words, complainants invested a sum of Rs.200000/- to the O.Ps. They invested money to acquire land, i.e. developed land in the O.Ps housing project. Complainants got an allotment No. being AIRLRX00038848. Complainants invested the amount of Rs.200000/- for getting developed land on February 23, 2013. Complainants were to receive land after development. In the certificate of property, it is clearly written that complainants will be handed over the plot after development. After the stipulated date, complainants are entitled to receive the developed land. Instead, they got nothing.Complainants got neither land nor money. Two years have passed, complainants failed to receive anything. O.Ps is unable to give land. Complainants intimated, but to no good. The opposite parties remained absent. They did not appear to contest the case.They filed no written version. So O.Ps view in this regard is not clear. O.Ps have withhold the amount deposited by complainants even after the date of maturity and have been utilizing the same for its ulterior gain. As O.Ps did not file written version, they could not ventilate their views and complainant has remained in dark. Two years have passed Alchemist Infra Reality Limited does not find it important to contact with complainant and inform the date of disbursing the deposited amount or to deliver the land. O.Ps. have failed to do their duty. We also observe with anxious thought that for their own benefit and expansion of business, they are harassing public inviting investment. Complainants, with hope of getting land invest from their hard-earned income. The O.P company has several investments in the field of education, Food processing, Finance, Sports, real estateand entertainment. The O.Ps require money to carry on all the establishments. The innocent public could not imagine in their distant dream, that the O.Ps would not return their money or deliver land. The O.P Company is deficient in service by not giving complainants, the developed land. Evidence of affidavit filed by complainant also remains unchallenged and uncontroverted from the side of the O.P.As the logical corollary of the discussion made above and having regard to documents and Evidence on record, we think, complainant is entitled to get relief.
Hence,
Ordered
The instant complaint be and the same is allowed ex parte against the O.Ps
O.Ps are directed to make payment of Rs.2,00,000/- along with interest at the rate of 9 percent per annum since the date of maturity i.e. 23.02.2016 till compliance apart from litigation cost of Rs.10,000/- to complainant within one month from the date of this order.
O.Ps are directed to pay an amount of Rs.10,000/- as compensation for mental pain, agony and harassment of complainant.
O.P is also directed to pay Rs.10,000/- for unfair trade practice to be paid to this Forum.
Failure to comply with the order will entitle complainant to put the order into execttion.
