Date – 24.02.2022

MRS.  SAGARIKA  SARKAR

                               Member

Case of the complainant, in brief, is that the complainant invested some amount on 04.06.2014, 05.01.2015, 21.09.2015, 21.01.2016 and 10.12.2014 with the opposite party – Alchemist Township India Limited under their housing project at Park Avenue, Talwandi, Bhai, Tehsil: Zeera, Dist.-Punjab.  Subsequently, O.P. issued certificates vide Customer ID No. TY00010201, TYY0061667, TLL1100967, TLL1092292 and TLL0840546 and the same were matured on 14.05.2017 of Rs.4,00,000/-, on 15.12.2017 of Rs.1,00,000/-, on 28.02.2018 of Rs.2,57,500/-, on 30.06.2018 of Rs.30,900/- and on 19.11.2020 of Rs.1,00,000/-.  After maturity, the complainant visited the office of the O.P. and requested them to disburse the maturity amount in favour of the complainant but O.P. did nothing to that effect.  It is stated in the petition of compliant that on several occasions the complainant requested the O.P. to take necessary steps to disburse the maturity amount in favour of her but O.P. did not turn up.  Finding no other alternatives the complainant files this instant case, praying for direction upon the O.P.s to disburse the maturity amount of Rs.9,88,400/- alongwith compensation of Rs.50,000/- and litigation cost of Rs.20,000/-.

Notices were duly served upon the O.P.s through newspaper publication. Inspite of that none appeared on behalf of O.P.s. Hence, this case was proceeded ex parte against the opposite parties.

Complainant adduced evidence through written examination-in-chief duly supported by affidavit.

Decision with reasons

In order to prove her case the complainant Moumita Addy adduced five certificates from where it appears that the complainant deposited some amount which were matured on 14.05.2017, 15.12.2017, 28.02.2018, 30.06.2018 and 19.11.2020 and thereafter O.P.-Alchemist issued Five certificates in favour of the complainant and stated there that after maturity complainant will receive Rs.4,00,000/-, Rs.1,00,000/-, Rs.2,57,500/-, Rs.30,900/- and Rs.1,00,000/-.  It is therefore, evident that O.P. has promised to disburse the maturity amount. It is further evident that the O.P.s have deviated from the disbursement of the deposited amount of Rs.9,88,400/- after maturity to the complainant.  The inaction of the O.P.s amounts to deficiency in service on the part of the O.P.s.

Further we hold that from the unchallenged evidence adduced by the complainant that the said amount is also payable on the date of maturity of the deposited amount.  Since, the said amount is lying with the O.P.s, the complainant, as per our assessment is entitled to get Rs.10,000/- for compensation and Rs.5,000/- for litigation cost.

In the result the consumer complainant succeeds.

Court fee paid correct.

Hence, it is,

                         O R D E R E D

That consumer complaint case being no.70/2020 is allowed ex parte with cost against the opposite parties.

The opposite parties are directed jointly and severally to refund Rs.9,88,400/- (Rupees Nine Lakh Eighty Eight thousand Four hundred only) along with Rs.10,000/- (Rupees Ten thousand only) towards compensation and Rs.5,000/- (Rupees Five thousand only) Towards litigation cost to the complainant within 45 days from the date of communication of this order, failing which the entire amount shall carry interest @5% P.A. for the default period.

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