West Bengal

Paschim Midnapore

CC/21/2017

Sri Asoke Sahu - Complainant(s)

Versus

Alchemist Ltd. - Opp.Party(s)

Swapan Bhattacharya

20 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                                                                                                         

Pulak Kumar Singha, Member

and

Sagarika Sarkar, Member

   

Complaint Case No.21/2017

 

   Sri Asoke Sahu, S/o-Nityananda Sahu,  Vill &  P.O.-Kultikri,

              P.S.-Sankrail, District- Paschim Medinipur..…….……Complainant.

              Vs.

1. Alchemist Ltd., Office at SCO, 232-233, 3^rd floor, Sector-34-A, Chandigarh, Punjab;
2. Mr. Karadeep Singh, Chairman of Alchemist Ltd., Home No.159, Sector-9B, Chandigarh, Punjab…………..…….….Opp. Parties.

                                                    

            For the Complainant  :  Mr. Swapan Bhattacharya, Advocate.

            For the O.P.                 :

                                                                    Decided on: -20/09/2017                             

                               

ORDER

                         

                        Sagarika Sarkar, Member – This instant case is filed u/s-12 of the C.P. Act, 1986 by the complainant Sri Asoke Sahu alleging deficiency in service on the part of the above mentioned O.Ps.

Case of the complainant, in brief, is that the complainant being attracted with the advertisement of the O.Ps. invested money on several occasion from 10/07/2013 to 26/06/2013 in Real Estate Project of the O.Ps. and accordingly an agreement was executed by and between them under certain terms and conditions that the invested money would be doubled and be refunded to the complainant  after

                                                                                                                                                                   Contd………..P/2

 

                                                                        ( 2 )

 maturity. It is stated in the petition  of complaint that the O.P. issued certificates to the  complainant in respect of each deposit and in this  manner the complainant deposited total amount of Rs.2,09,000/-. It  is further stated in the petition  of complaint that after the stipulated period, the complainant deposited all the original certificates  before the O.P. no.3  who assured him to pay  Rs.4,18,000/-. It is stated by the complainant that after receiving the original certificate, O.P. assured the complainant that the process for payment of matured amount was going on.  It is further stated by the complainant that on several occasions he  requested the O.P.  to disburse the matured amount infavour  of him but the O.P.  nothing to that effect which according to the complainant amounts to deficiency in service on the part of the O.Ps.  it is specifically stated by the complainant that the O.P. no.3 did not  disburse the said amount in spite of receiving certificate in  original from the complainant which compelled the complainant to file this instant case. Accordingly the complainant has prayed for direction upon the O.Ps. to pay Rs.4,18,000/- alongwith interest, to pay Rs.25,000/-  towards harassment and mental pain and agony and to pay Rs.10,000/- towards cost of litigation.

 Notices were duly served upon the O.P. nos. 1 & 2 but they did not turn up so the case was proceeded ex-parte against the O.P. nos. 1 and 2 vide order no.12 dated 23/08/2017 and the name of the O.P. no.3 was expunged from the cause title of petition of complaint on the plea of the complainant vide same order.

The complainant adduced evidence. In support of his case the complainant deposed on dock and few documents were marked as exhibit-1 to 11 respectively.

                                                 Decisions with reasons.

The complainant has stated that she  had deposited Rs.2,09,000/- in total with the O.P. under Real Estate Project launched by the O.P. on several occasion from 10/07/2013 to 26/06/2013. This is alleged by the complainant that the O.Ps. failed and neglected to disburse the matured amount after date of maturity though they  have retrained the original certificate with them deposited by the complainant for encashment. The complainant has annexed Photostat copies of offer letters on different dates. The complainant has adduced evidence which has been unchallenged.

                          

                       Under these state of affairs we are inclined to hold that the complainant had  deposited Rs.2,09,000/- which he, according to the terms of offer letter, is entitled to get refund alongwith compensation according to the discretion of the O.P. Since the O.P. remained absent the amount for compensation affordable by them has not been determined. Therefore, we think that it will be just and proper if an amount of interest

                                                                                                                                                               Contd………..P/3

                                         

                                                                            ( 3 )

 @9% p.a. is allowed to be  accrued on the sum deposited by the complainant from the

date of maturity to realization as to compensation. Since the O.P.  compelled the complainant to file this instant case for getting refund of  the deposited amount to which he has every entitlement the O.Ps.  are liable to pay  the cost of litigation which as per our discretion should be Rs.7,500/-.

                                     In the result the complaint case succeeds.

                                      Hence, it is,

                                                          ORDERED

                                         that the consumer complaint case being no. 21/2017 is allowed ex-parte with cost.

                     The O.P. nos. 1 and 2 are directed to refund jointly and severally the  matured amount Rs.4,18,000/- alongwith the interest @ 9% p.a. from the date of maturity till realization.

                    O.Ps. are further directed to pay Rs.10,000/- towards compensation and to pay Rs.7,500/- towards cost of litigation within one month from the date of communication of this order with the O.Ps. failing which the entire amount shall carry the interest @10% p.a. for the default period.

                Let plain copy of this order be given to the parties free of cost.

                Dictated and Corrected by me

                          Sd/- S. Sarkar                                                            P. K. Singha                                

                               Member                                                                      Member