Order No. 7 dt. 20/12/2019
The case of the complainants in brief is that the complainants, husband & wife, deposited certain amount each separately as application money for allotment of proportionate undivided share of land and development charges as per two applications both dated 08.07.2013 submitted with M/s Alchemist Township India Ltd, to acquire plot/ villa/ apartment in the housing project of the op. The op in turn issued two letters of assurance under allotment no TA00548178 & no TA00548174 both dated 22.07.2013 wherein it had been assured that the invested amount would not be less than Rs 4,00,000/-after 27.09.2017 in the event of not accepting the allotment offered to the investor. But op had not offered any allotment of plot or land to the complainant. After 27.09.2017 complainant has tried to deposit the certificate but the local Kolkata office remained closed. Thereafter complainant has issued a letter dt 15/03/2019 to the op-company claiming the total amount of Rs8,00,000/- with interest . But the company did not respond to the prayer of the complainant. Finding no other alternative complainant filed this case praying for direction upon the o.ps for payment of the money of Rs8,00,000/- with compensation of Rs1,00,000/- for harassment and mental agony and litigation cost of Rs30,000/-
PR & TR showed that notices could not have been served upon the ops. Ops were serviced through publication of notice in the daily newspaper but they did not contest this case by filing w/v . As such, the case has been proceeded exparte against the o.ps
In order to prove the case the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of his claim including the photocopies of certificate of assurance of property issued by the o.p. Due to unchallenged testimony of the complaint there is no scope to disbelieve the submission of the complainant and therefore it should be accepted and necessary order is to be passed accordingly.
Considering the submissions of the complainant and on perusal of the materials on record we find that complainant deposited certain amount each separately as application money for allotment of proportionate undivided share of land and development charges as per two applications both dated 08.07.2013 submitted with M/s Alchemist Township India Ltd, to acquire plot/ villa/ apartment in the housing project of the op. The op in turn issued two letters of assurance under allotment no TA00548178 & no TA00548174 both dated 22.07.2013 wherein it had been assured that the invested amount would not be less than Rs 8,00,000/- in total after 27.09.2017 in the event of not accepting the allotment offered to the investor. But op had not offered any allotment of plot or land to the complainant. After 27.09.2017 complainant has tried to deposit the certificate but the local Kolkata office remained closed. Thereafter complainant has issued a letter dt. 15/03/2019 to the op-company claiming the total amount of Rs8,00,000/- with interest . But the company did not respond to the prayer of the complainant. Finding no other alternative complainant filed this case. Even after of expiry of the said time period the assured amount had not been paid by the o.p. in spite of repeated attempts by the complainant. On the basis of the said evidences on record which uphold that there was deficiency in service on the part of the op-company and since no challenge has been made by o.ps. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant. Thus, the case is disposed of accordingly.
Hence, it is ordered.
that the case no. 244/2019 is allowed ex-parte with cost against the o.ps. The o.ps are jointly and/ or severally directed to pay a sum of Rs.8,00,000/-(Rupees Eight lakh) only to the complainant along with compensation of Rs.40,000/- (Rupees Forty Thousand) only for harassment and mental agony and litigation cost of Rs.4,000/- (Rupees Four Thousand) within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
