Date of filing : 03.01.2019

Judgment : Dt.14.08.2019

Mrs. Balaka Chatterjee, Hon’ble Member

          This petition of complaint  is filed under Section 12 of the Consumer Protection Act, 1986 by Arnab Das Mahanta and Dolly Sengupta (Das Mahana) alleging deficiency in service and unfair Trade Practice on the  part of the opposite parties  ( referred as  OP hereinafter ) (1) Alchemist Township India Ltd. (2) Kanwar Deep Singh (3) Karan Deep Singh (3) The Branch Manager, Alchemist Township India Ltd.

          Case of the complainants in brief is that one Ajit Das Mahanta being  satisfied with the goodwill of  OP Nos. 2 & 3, both are Chairman of OP No.1, deposited an amount of Rs. 1,00,000/- for availing  a plot of land in the Housing Project launched  by the OPs at Park Avenue, Talwandi Bhai,  Tehsil – Zeera, Dist – Firozpur, Punjab and  the OPs issued  a certificate of Property allotment being No. TCC0041901 dated 13.07.2013 in favour  of said Ajit Das Mahanta  and handed  over the same to Ajit Das Mahanta. Subsequently  said Ajit Das Mahanta died on 15.03.2017  leaving  behind  Arnab Das Mahanta  & Dolly Sengupta ( Das Mahanta) ( Complainants herein as his legal heirs. The complainants  have stated that maturity date  of the said certificate  as mentioned therein was on 11.06.2015 and after expiry of said date the complainants went  to the local office  of the OP on several  occasions claiming   for handing over  the property in question in favour of them but  the local office declined their claim stating that such transfer of property  in favour of the complainants  was not possible at all, and, therefore, the complainants  asked the OPs  to refund the deposited amount but that  too went in vain.

          It is specific allegation of the complainants  that  non-payment of maturity amount  after expiry of  maturity date  causes  monetary loss, harassment and, therefore, the  complainant by filing the instant  petition  of complaint  have prayed for direction upon the  OPs to refund  Rs.1,00,000/-, to  pay Rs. 20,000/- towards compensation and Rs. 10,000/- towards cost of litigation.

          The complainant annexed letter of allotment dt. 13.07.2013. Copy of Death Certificate of Ajit Das Mahanta, Affidavit declaring legal heirs of deceased Ajit Das Mahanta.

          Notices were served but the OPs did not turn up. Hence, the case proceeded exparte vide order dt. 12.03.2019.

          The complainant  by filing a petition prayed for treating the petition of complaint as evidence. Prayer was allowed.

          In  course of argument Ld. Advocate for the complainants filed  Brief Notes of Argument.

Decision with reasons

The complainants  claimed to have deposited Rs. 1,00,000/- with the OPs for availing  a plot of land in the  Housing Project   launched by the OPs.

          In support of  such  contention the complainants file a copy of Certificate of Allotment being  No.TA00945411 bearing consumer ID No. TYCC0041901 issued by the OPs in favour of Ajit Das Mahanta as the certificate holder and Arnab Das Mahanta as second applicant. On perusal of the said certificate of Allotment it appears that in response  to an application dt. 29.06.2013 issued from the end of Ajit Das Mahanta (since deceased) for acquiring a plot /villa/Apartment in the Housing Project of OP situated  at Park Avenue, Talwandi Bhai, Tehsil – Zeera,  Dist – Firozpur, Punjab  the OPs accepted the  proposal  of the complainants and agreed to  offer Plot/Villa/Apartment to Ajit Das Mahanta. It further appears from  the said certificate  that the OPs were agreeable to allot   a plot of land at other project in case of  non –delivery of possession of the plot/villa/apartment in the Housing Project launched by  the OPs at  Park venue Talwandi Bhai, Tehsil – Zeera, Dist Firozpur and in case of non-accepting said plot/villa/apartment Certificate holder the OPs would  refund the deposited amount along with  compensation assessed by them  after deducting  applicable  tax and administrative cost. It is claimed by the complainant that the said deposit  was made only for  One year eleven months  and maturity  date  of the said deposited amount  was fixed  on 11.06.2015. The certificate of allotment annexed by the complainant also supports such contention.

          It appears from the Affidavit filed by the Complainant No.1 the the Complainants are legal heirs of Ajit Das Mahanta and there is no other legal heirs of deceased Ajit Das Mahanta. However after expiry of said maturity date  the OPs neither delivered possession of the  plot/villa/apartment to the Certificate Holder at any  of their Housing Project  nor did refund the deposited amount.  In our  opinion  such inaction on the part of the OPs amounts to  deficiency in service. Furthermore,  the complainants by filing an affidavit  have  stated that they have filed no claim before  any Commission/Other Court/Forum  and , therefore, the  complainants  are entitled to get the relief  regarding prayer for refund of deposited amount.

          Regarding prayer for compensation and litigation cost we are of opinion that there  is no ground to allow  such prayer because neither any communication  was made by the Certificate Holder after expiry of date of maturity  of the certificate demanding settlement of claim  nor did any communication make by the legal heirs of the Certificate Holder  ( Complainants herein) after demise of the said Certificate Holder claiming refund of maturity amount.

In the result, the instant consumer complaint succeeds in part.

Hence,

                                      Ordered

          That  CC/1/2019 is allowed exparte without cost.  The  OPs  are directed  to refund Rs. 1,00,000/-  to the complainants within one month from the date of communication of this order to them subject to handover of the Certificate of Allotment  being No. TA00945411  to the  OPs failing which the amount shall  carry interest @ 9% p.a. till realisation.