Date of Filing: 24.6.2019
Date of Judgement: 17.8. 2022
Mr. Dhiraj Kumar Dey, Hon’ble Member.
The instant case arises when Mr. Sanjib Kumar Ghosh on behalf of the Complainants filed a complaint U/S 12 of the Consumer Protection Act, 1986, herein after called the said Act, against 1) the Alchemist Township India Ltd., 2) Mr. Kanwar Deep Singh, 3) Mr. Karan Deep Singh, 4) The Branch Manager, Alchemist Township India Ltd. and 5) Mr. Krishna Kabir (herein after called as Opposite Parties or O Ps) alleging deficiency in service on the part of the O Ps.
The brief statement of the complaint is that the Complainants invested Rs. 2,57,500/- in cash intending to purchase a plot in the housing project of the O Ps at Park Avenue, Talwandi Bhai, Tehsil Zeera, Dist. Firozpur, Punjab. The O. Ps. thereafter handed over to the complainants a certificate of property allotment being No. TA02207674, dated 29/01/2016. Complainants claimed that the property was to be handed over to the complainants within 2 years and 6 months from the date of issue of the certificate, i. e., within 08/07/2018. But after 08/07/2018 the O Ps refused to entertain their claim. Complainants made various verbal requests and visited the office of O. P. No. 4 several times and made verbal representations but all their efforts went in vain. Being aggrieved by the repeated refusal of the O. Ps. the complainants filed this complaint seeking refund of the principal amount of Rs. 2,57,500/- along with the compensation of Rs. 25,000/- for the deficiency in rendering proper service, litigation cost of Rs. 25,000/- and other orders as this Forum (Commission) may think fit.
The Complainants submitted copy of the Certificate of property allotment as annexure to their complaint.
Be it mentioned here that the complainants file their first complaint against O. P. Nos. 1 to 4 and latter they inserted O. P. No. 5 through an amendment petition.
On perusal of records it appears that in spite of service of notice and repeated opportunities given no step were taken by the O Ps, consequently the case proceeded ex parte.
During the course of the trial the complainants prayed to treat their complaint as the affidavit-in-chief and ultimately argument has been heard. They did not file any brief note of argument.
The only points required to be determined here are whether there is any deficiency in service occurred by the O Ps and whether the complainants are entitled to the reliefs as prayed for. As the O Ps did to not take part in contesting the complaint these two points are taken together for the sake of convenience and brevity in discussion.
Original documents in support of the complaint are taken into consideration for decision.
Decision with reasons
It is a matter of fact that the Complainants paid an amount of Rs. 2,00,000/-, which they wrongfully written in their complaint as Rs. 2,57,500/-, to the O P-1 company and a certificate was issued to the Complainant No, 1, wherein Complaint No. 2 is stated as joint Applicant, bearing No. TA02207674, dated 29/01/2016. In this certificate it is declared that on receiving their request to acquire plot/villa/apartment in the O Ps’ housing project at Park Avenue, Talwandi Bhai, Tehsil : Zeera, Dist. – Firozpur, Punjab, has been allotted with Customer ID No. TLL1060921. It is also said in this certificate/receipt letter that their request to offer them plot/villa/apartment in the O Ps’ other projects within 2 years and 6 months if it is not possible to allot them in the proposed project was accepted. In the event of not accepting the offered plot/villa/apartment by the applicants/complainants an assured sum of Rs. 2,57,500/- will be refunded to the applicants/complainans subject to deduction of applicable taxes and administrative costs. These offers were valid till 08/07/2018. This certificate/receipt letter was signed by O P No. 5 being the Director of O. P. – 1 company. This fact clearly states that the complainants are consumers to the O P 1 company as defined In the C P Act. Here it is pertinent to state that, as per written statement of the complaint, O. Ps. failed to comply with their promised offers within the stipulated time thereby causing deficiency in service from their part. As the O. Ps. are refrained from challenging the complaint so there is no contrary material to counter or rebut the claim of the complainants. Hence the complainants are entitled to get relief.
It may be considered as pertinent to mention here that the complainant No. 1 deposited a cheque of Rs. 2,00,000/- bearing No. 012441, dt. 10/08/2012 of ICICI Bank, Taratola branch, for which a money receipt was issued by Alchemist Infra Reality Ltd on account of application money for allotment for proportionate undivided share in land and development charges for 3 years as per allocation no. RE03328394, dated 11/08/2012 and the above stated certificate/receipt letter was issued by Alchemist Township India Ltd. It is also the fact that the O Ps have failed to commit to their promised assurance of either offer the proposed plot/villa/apartment or pay Rs. 2,57,500/- subject to deduction of applicable taxes and administrative costs as stated in the certificate/receipt letter, thereby causing deficiency in service.
Thus this Commission thinks the complaint is maintainable on its merit and the Complainants has every right to get their grievance be redressed for such deficiency in service occurred from O Ps part.
Hence,
ORDERED
CC/308/2019 is allowed ex-parte against O. P. Nos. 1 to 5.
The Opposite Parties are directed to pay Rs. 2,57,500/- to the complainants along with interest on the said sum at the rate of 9% with effect from 08/07/2018 to the date of this order and Rs. 6,000/- as litigation cost within 60 days from this date. Complainants are directed to hand over the original certificate bearing No. TA02207674, dated 29/01/2016 to the O Ps on receipt of the full payment.
