Order No. 9 dt. 05/09/2017
The fact of the case according to the complainant, in brief, is that complainant in his complaint petition claimed that complainant invested Rs.1,90,000/- (Rupees one lakh ninety thousand) only to the o.p, M/s Alchemist Township India Limited, H. M. Building, 4th Floor, 15,Ganesh Chandra Avenue, P.S. Bowbazar, Kolkata-700 013 in Monthly Income Scheme (MIS) with Rs1,10,000/- on 29.06.2013 for four and half years and a fixed deposit scheme with Rs.80,000/-( Rupees eighty thousand) only on the same date . And the o.p. made an agreement with the complainant to give fixed monthly interest of Rs.1,100/- (Rupees one thousand and one hundred)only on every month from April 2015 to August 2016. And therefore o.p. issued an undertaking cum receipt certificate bearing no.TZZ0004580 dtd 13.07.2013 and TC00082785 dtd 13.07.2013. The two investments for the purpose of acquiring plot/villa etc had maturity on 06.10.2015 before which complainant deposited those undertakings in original on 08.06.2015. But op did not respond to it in any way. After two reminders by issuing letters on 15.01.16 & 09.02.2016 and no response there to, complainant compelled to lodge this petition on 22.08.2016 praying refund of money of Rs1,90,000/- with interest @ Rs15% & compensation of Rs25,000/-for mental agony and harassment.
PR & TR shows that notice had been served upon o.p, but the o.p. did not appear in the Forum for participation in the proceedings. So, the case has been proceeded exparte against the o.p.
In order to prove the case the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of his claim including the photocopy of the certificate no. TZZ0004580 dtd 13.07.2013 and TC00082785 dtd 13.07.2013 issued by the o.p. Due to unchallenged testimony of the complaint there is no scope to disbelieve the submission of the complainant and therefore it should be accepted and necessary order is to be passed accordingly.
Considering the submissions of the complainant and on perusal of the materials on record we find the complainant invested an amount of Rs.1,90,000/-as application money. On the basis of the said evidences on record and since no challenge has been made by o.p. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant. Thus the case is disposed of accordingly.
Hence, ordered.
that the case no. 306/2016 is allowed exparte with cost against the o.p. The o.p is directed to pay a sum of Rs.1,90,000/-(Rupees One Lakh ninety Thousand) only to the complainant along with compensation of Rs.10,000/- (Rupees Ten Thousand) only for harassment and mental agony and litigation cost of Rs.2,000/- (Rupees two 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.
