Date of Filing: 18.03.2020

Date of Judgment: 22.06.2022  

Mrs.  Sashi Kala Basu, Hon’ble  President

This Complaint is filed by the complainants namely 1) Smt Rupa Bhuiya and 2)Sri Kamal Bhuiya under section 12 of the Consumer Protection Act 1986 against opposite parties (refrred as OPs herein after)  namely  1) Alchemist Township India Ltd. 2) Kanwar Deep Singh 3) Karan Deep Singh 4) The Branch Manager, Alchemist Township India Ltd. 5) C.S.Jolly Director, Alchemist Township India Ltd, alleging deficiency in service on their part.

The case of the complainants in short is that they accepted the offer of the opposite parties to purchase a plot of land in the housing project namely Park Avenue, Talwadi Bhai, Tehsil, Zeera, Dist. Firozpur, Punjab on deposit of a sum of Rupees Thirty Thousand. On payment of said sum of Rupees Thirty Thousand by the complainants to the opposite parties , the Ops issued a certificate in the name of complainant bearing  certificate number TA05390723, Customer ID- TLL0423367 dated 20.1.2014. But thereafter on visit by the complainant at the Branch Office of the OPs  repeatedly they got no answer regarding the development of the said housing project. It was found that the said housing project was not started and no satisfactory answer could be given by the employees of the opposite parties. Complainants  came to know that the opposite parties have left the said project and the same is now abandoned. So complainants asked for refund of the sum paid by them but the OPs refused to entertain their claim. Thus the present complaint has been filed by the complainants praying for directing the opposite parties to return the deposited amount of Rupees Thirty Thousand  along with 18% interest from the date of its investment, to pay compensation of Rupees One Lac for harassment and mental agony & to pay litigation cost of Rupees Twenty Thousand.

            On the perusal of the record it appears that the notices were sent but in spite of the service, no step was taken by any of the OPs and thus the case has been heard ex- parte.

            During the course of the trial, complainants filed a petition praying for treating the petition of complain as there affidavit in chief. Ultimately argument has been advanced by the Ld. Advocate appearing for the complainants.

Thus the only point requires determination is whether the complainants are entitled to the reliefs as prayed for.

DECISION WITH REASON

In order to substantiate their claim, complainants have filed the certificate issued by the OP no. 1 company. It appears from the said certificate dated 20.01.2014 that on the application of the complainants  dated 30.12.2013 to acquire a plot/ apartment in their housing project  at Park Avenue within district Firozpur , state Punjab. Opposite Party Company agreed to

allot the plot/ apartment and it was further agreed if the complainants did not accept the allotment, OPs shall refund the amount received together with compensation which in any event shall not be less than Rupees Thirty Thousand. So the said certificate supports the claim of complainant that an amount of Rupees Thirty Thousand was paid by them. According to the complainants, the project has not been started and has been left abandoned and in spite of them approaching for return of the said sum OPs Paid no heed. The certificate has been issued by the director OP no.1 Company being represented by the Director OP no.5. OP no 2 & 3 are the chairmen of the company & OP no.4 is branch Manager of the local office. Since before this commission, there is absolutely no contrary material to counter or rebut the claim of the complainants, complainants are entitled to the sum of Rupees Thirty Thousand together with interest on the said sum (as compensation) at the rate of 9% per annum from the date of maturity of the said certificate i.e. 30.12.2019.

Hence

             ORDERED

CC/126/2020 is   allowed    exparte. Opposite parties are directed to  pay Rupees Thirty Thousand  to the complainants  along with interest on the said sum at the rate of  9% w.e.f 30.12.2019 to till this date, within 2 months from this date. They are further directed to pay the litigation cost of Rupees Six Thousand to the complainants within the aforesaid period of 2 months. Complainant shall hand over the original certificate bearing No. TA05390723 to the Ops on receipt of the full payment.