West Bengal

Kolkata-I(North)

CC/74/2016

Madhumita Datta - Complainant(s)

Versus

Alchemist Township India Ltd. - Opp.Party(s)

16 Nov 2016

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/74/2016
 
1. Madhumita Datta
D/o Raj Narayan Datta, 120/2/1, Maharaja Nanda Kumar Road (South), Kolkata - 700036.
...........Complainant(s)
Versus
1. Alchemist Township India Ltd.
3rd Floor, Sector 34A, Chandigarh, India. And also at 15, Ganesh Chandra Avenue, Hoare Miller Building, P.S. - Hare Street, Kolkata - 700013.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MRS. Samiksha Bhattacharya MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 16 Nov 2016
Final Order / Judgement

Order no. 7

            The case of the complainant in brief is that the complainant being allured by the agent of the o.p. invested a sum of Rs.2 lakhs for purchasing a plot of land to be provided by the o.p. The complainant after the expiry of the period of handing over the plot of land demanded the amount of Rs.2 lakhs along with interest which was not replied by the o.p. subsequently the complainant had to file this case praying for refund of Rs.2 lakhs and also interest and compensation of Rs.1 lakh and litigation cost.

            In spite receipt of notice the o.p. did not contest this case by filing w/v and as such, the case has proceeded ex parte against the o.p.

            In order to prove the case the complainant filed the evidence on affidavit whereby she stated that she invested a sum of Rs.2 lakhs for purchasing a plot of land and it was decided that the plot of land would be provided within 2 years 2 months and whenever it was found that the allotment of plot of land was not made to the complainant by the o.p., the complainant demanded the said amount through her advocate but no action was taken on behalf of the o.p. for which the complainant had to file this case.

            In order to prove the case the complainant filed the xerox copy of the documents and since the evidence of the complainant has remained unchallenged and there is nothing record to disbelieve the case of the complainant, therefore we are inclined to hold that the complainant will be entitled to get the relief as prayed for.

            Hence, ordered,

            That the CC No.74/2016 is allowed ex parte with cost against the o.p. The o.p. is directed to refund the complainant a sum of Rs.2,00,000/- (Rupees two lakhs) only towards the invested amount along with compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only  within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.

                                   

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
[HON'BLE MRS. Samiksha Bhattacharya]
MEMBER

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