Judgment : Dt.6.4.2017

Mrs. Balaka Chatterjee, Member

            This petition of complaint is filed under Sect.12 of C.P.Act, 1986, by (1) Subhra Banerjee, (2) Shelly Banerjee, alleging unfair trade practice and deficiency in providing service on the part of the OP No.1, Alchemist Infra Realty Limited Township India Ltd,  411, 412 Ansal Tower, 38 Neharu Place and the OP No.2, Alchemist Township India Limited 145 A, Diamond Harbour Road, Kolkata-700 008.

            Case of the complaint in short is that the Complainant No.2 made an investment of an amount of Rs.3,70,000/- with the OPs on 30.05.2013 and, subsequently, Rs.50,000/- on 10.09.2013 under Monthly Interest Scheme on terms of accrual of interest @ 12% p.a. thereon. Accordingly, the OPs issued certificates in respect of those investments. According to the terms of the investment the said amounts were to have matured on 30.05.2016 and on 10.09.2016 respectively for which the Complainant No.2 surrendered the certificates on 30.03.2016. Subsequently, the Complainant No.2 found that even a considerable spell of time had been lapsed after expiry of the date of maturity no step was taken by the OPs for encashment of those certificates. The Complainant No.2 made correspondence with the OPs by letter dt.25.10.2016 to that effect but the OPs remained silent over the issue. Hence, the Complainants have prayed for direction upon the OPs to refund the principal amount of Rs.4,20,000/- to pay compensation Rs.40,000/- for harassment and mental agony, to pay interest on invested amount @ 12% p.a. and to pay litigation cost Rs.10,000/-.

            Notices were served upon the OPs but they did not turn up. Hence, the case was proceeded ex-parte vide order No.6 dt.01.03.2017.

            The Complainants have adduced evidence-on-affidavit.

            In course of hearing Ld. Advocate for the complainant has narrated the facts mentioned in the petition of complaint.

            On perusal of petition of complaint and the unchallenged evidence on affidavit adduced by the Complainant, it appears that the Complainant No.2 has invested an amount of Rs.4,20,000/- with the OPs.

            It is evident from the Photostat copies of the letters date 20.06.2013 and 1.10.2013 issued by the OPs to the Complainant No.2 acknowledging that the OP company received Rs.4,20,000/- in total from the Complainant No.2. It is also evident from the copy of Bank statement that an amount of Rs.3,70,000/- has been debited from the joint account of Complainant No.2 with one Mr. Dijen Nath Banerjee. In the letters dated 20.06.2013 and 1.10.2013 the OPs stated that in the event of non-acceptance of any plot of land by the investor i.e. the Complainant No.2 they would refund the amount together with compensation subject to deduction of applicable taxes and administrative costs.

            It is, however, evident that the OPs have deviated from the promise of refund and thus cause deficiency in service.

            In the instant case, since the OPs have been remaining silent on the point of refund, it is not possible to know other than them that what are the deductable amount as well as the amount for compensation.

            Under such circumstances, we think it is proper if the invested amount, neither in addition to compensation nor in deduction to taxes and administrative charges, is refunded to the Complainant No.2.

            Evidently, the OPs have caused harassment to the Complainant No.2 by not giving her matured amount on time and, therefore, are liable to compensate her by paying Rs.20,000/-. The OPs are also to pay cost of Rs.10,000/- to the Complainants since they have compelled the Complainants to file the instant case by not giving them the amount payable to Complainant No.2.

            In the result, the petition of complaint succeeds.

            Hence,

ordered

            That the CC/582/2016 and the same is allowed in part ex-parte against the OPs with cost.

            The OPs are directed to refund Rs.4,20,000/- to the Complainant No.2 within two months from the date of communication of this order to them.

            OPs are further directed to pay Rs.20,000/- towards compensation to the Complainant No.2 and Rs.10,000/- towards cost of litigation to the Complainants within the aforesaid period. In default, the entire amount shall carry interest @ 10% p.a. for the default period.