Judgment : Dt.17.1.2018
Shri S. K. Verma, President
This is a complaint made by one Haridas Roy, 28/1, Jayshree Park, Shibarampur, P.S.-Sarsuna, Kolkata-700 061 against Alchemist Township India Ltd., Building No.23, Nehru Place, near Allahabad Bank, New Delhi-110 019, OP No.1, The Director, Alchemist Infra Reality Ltd., Unit No.GF-18, Ground Floor, Omaxe Square, Jasola District Centre, South Delhi-110 025, OP No.2, and Alchemist Township India Ltd., 145A, Diamond Harbour Road, 2nd floor, P.S.-Thakurpukur, Kolkata-700 008, OP No.3 praying for a direction upon the O.P. to return the deposit amount of Rs.60,000/- and a direction to pay compensation of Rs.10,000/- and litigation cost of Rs.8,000/-.
Facts in brief are that OP No.1 and OP No.2 run business for marketing real estate and other similar type of products. OP No.3 is a branch office of the OP No.1. Having been satisfied with the goodwill of the OP No.2, Complainant deposited a sum of Rs.60,000/- to OP No.2 by cash as MIS deposit for a period of 36 months. On and around last week of January, 2011, OP No.3 handed over to the Complainant a certificate No.AIRL/RX0015716 dt.24.1.2011 and assured to pay an interest of 12% p.a. i.e. Rs.600/- p.m. up to the maturity date. Thereafter in the last week of March, 2013 Complainant approached OP No.3 for surrendering the original certificate No.AIRL/RXX0015716 dt.24.1.2011 for receiving return of deposited amount. After receiving the original certificate the OP No.3 handed over a certificate No.RE04199620 in place of earlier certificate signed by OP No.1. Complainant wanted to know from OP No.3 when the OP No.1 issued a certificate in place of OP No.2 upon which no satisfactory reply was given by OP. Complainant informed this to OP No.3 who informed Complainant that the matter would be resolved soon. But, nothing was done. So, Complainant filed this case.
OP No.1 did not contest the case by filing written version and so the case is heard ex-parte.
Decision with reasons
Complainant filed affidavit-in-chief where he has reiterated the facts mentioned in the complaint petition.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
In this regard, on perusal of the copy of the certificate, it appears that OP has issued a certificate that Rs.60,000/- was to be paid. Further, it also appears that Complainant used to receive monthly interest from OP No.1 and OP No.2 through OP No.3.
Since the allegation of complaint remained unrebutted and unchallenged, the Complainant is entitled to the reliefs.
Hence,
ordered
CC/519/2017 and the same is allowed in part ex-parte. OPs are directed to refund Rs.60,000/- to the Complainant within two months of this order, in default the amount shall carry interest @ 10% p.a. from the date of this order till realization, provided the return memo is filed.
