Hon’ble Mrs. Rumpa Mandal, Member.

The brief fact of the case is that the Complainant had jointly applied for Plot Apartment Policies from the O.Ps and the O.Ps had received this two applications on 29.08.13 and 23.08.13 respectively alongwith booking amount of Rs.2 Lakhs each i.e. Rs.4 Lakhs from the Complainant. After receiving these applications alongwith Rs.4 Lakhs the O.Ps had issued two policies i.e. TA02119145 and TA02119144 on 19.08.13 and 13.09.13 respectively towards the Complainant and also the O.Ps were assured that they will render proper service towards the Complainant and thereby the Complainant became the consumer of the O.Ps. As per conditions of the aforesaid policies OP did not provide plot/villa/apartment in favour of the Complainant till date, so the Complainant submits that in this juncture the O.Ps shall bound to refund the received amount after expire of stipulated period. On 30.7.16 Rabindra Dutta died but the said policies were jointly applied with O.Ps. After expire of stipulated period, the Complainant went to the Office of the O.P. No.4 i.e. Alchemist Township India Ltd., Cooch Behar Branch several times Complainant deposited amount alongwith interest but no any response has got from the O.Ps. On 05.07.16 and 30.08.16 the Complainant deposited original certificate alongwith relevant documents before the O.P. No.4 but maturity amount of the said two policies but all efforts were in vain. Thus the act of omission of the O.Ps, the Complainant also suffers mental pain and agony and unnecessary harassment and the O.Ps also adopted his unfair trade practice and deficiency in service in the event for non-payment of the said  amount to the Complainant for which Complainant has filed this present case. The cause of action for the present case arose on 29.07.16 and 23.08.16. The Complainant prayed for an award directing the OP to return back two policies and refund the advance amount of Rs.4 Lakhs alongwith interest to the Complainant, Rs.25,000/- as compensation for  mental pain and agony, Rs.25,000/- for unfair trade practice and deficiency in service and Rs.10,000/- towards cost of the proceedings and other relief as per law and equity.

As per order No. 03 dated 24.11.17 the notice was sent to the O.P. No.1,2 & 3 returned back with postal remark “Not claimed”. Accordingly, the case is decided to be heard ex-parte against O.P. No. 1, 2 & 3.

As per order No.51 dated 09.02.23 Ld. Advocate for the Complainant submits that the Complainant is unable to bear the cost of news paper publication and as such cannot take steps for filing copy of news paper publication. Accordingly, the name of the O.P. No.4 is stuck off from the list of the O.Ps.

The Complainant in order to establish the claim adduced evidence by filing evidence on affidavit and documents before this Commission.

Perused the pleadings of the Complainant and the documents in the case record. Heard the argument advanced by the Ld. Advocate for the Complainant. The statement made in the evidence on affidavit are absolutely in consonance with the averments made in the complaint petition.

The OP did not controvert the specific allegation of the Complainant since the OP decided not to contest the case and did not file any written version.

The Annexure-A is the money receipt of Alchemist Township India Ltd which is paid by the Complainant namely Anjana Dutta Chakroborty. In the money receipt itself stated that in the event of non-accepting villa or apartment to the Complainant by the O.Ps from time to time for any reason whatsoever, the O.Ps shall refund the amounts not be less then Rs.2 Lakhs received together with compensation assessed by the O.Ps. The O.Ps have also noted in the money receipt for requesting to offer the Complainant plot, villa or apartment in other project for a period of three years in the event of it.

The said two money receipts were also sealed and signed by the O.Ps and the O.Ps shall cease to receive any offer on and from 29.07.16.

Annexure-A1 is the money receipt dated 23.08.13 issued by the Alchemist Township India Ltd in favour of Rabindra Dutta. In the money receipt O.Ps have promised that O.Ps shall refund the amounts received together with compensation assessed by the O.Ps.

Annexure-B is the death certificate of Rabindra Dutta in whose favour money receipt was given by the O.Ps.

The aforesaid documents could not be controverted by these O.Ps and its averment stands unchallenged. Accordingly, it stands well proved that the Complainant has given money amounting to Rs.4 Lakhs to the O.Ps.

The allegation of the Complainant that the O.Ps neglected and refused with ill motive did not give the aforesaid amount to the Complainant. The O.Ps are dragging the matter to enrich themselves and thereafter despite repeated requests by the Complainant stands well proved in as much as the OP did not contest the case or cross-examine against the evidence on affidavit.

In the light of the aforesaid discussion and observation made in the foregoing paragraphs, a reasonable inference is drawn that the Complainant successfully proved the case as a consumer against these O.Ps. It stands also duly proved that the misdeeds on the part of the OP should be considered as deficiency in service which caused mental pain and agony to the Complainant. 

Accordingly, the case succeeds ex-parte against these O.Ps.

Hence, it is

Ordered

That the complaint case be and the same is allowed ex-parte with cost of Rs.8,000/-.

The Complainant do get an award for a direction to return back two policies amount of Rs.4 Lakhs. The O.Ps are directed to pay a sum of Rs.25,000/- as compensation for mental pain and agony and unnecessary harassment and Rs.20,000/- for unfair trade practice and deficiency in service and Rs.8,000/- for cost of the proceedings total= Rs.4,53,000/- (Rupees Four Lakhs fifty three thousand only) within 30 days from the date of passing Final Order to the Complainant failing which the OP shall pay an interest of 6% per annum on the awarded sum i/d the Complainant shall be entitled to take recourse of law.

D.A. to note in the trial Register.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order be also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.