Dt. of filing : 09.10.2018

Dt. of Judgment : 18.07.2019

Mrs. Balaka Chatterjee, Hon’ble Member

          This petition of complaint  is filed under Section 12 of the Consumer Protection Act, 1986 by Sonali Das and Sourav Das  alleging deficiency in service and unfair Trade Practice on the  part of the opposite parties  ( referred as  OP hereinafter ) (1) Alchemist Township India Ltd. (2) Kanwar Deep Singh (3) Karan Deep Singh (4) The Branch Manager, Alchemist Township India Ltd.

          Case of the complainants in brief is that the complainants being  satisfied with the goodwill of  OP Nos. 2 & 3, both are Chairman of OP No.1, deposited an amount of Rs. 5,00,000/- for availing  a plot of land in the Housing Project launched  by the OPs at Park Avenue, Talwandi Bhai,  Tehsil – Zeera, Dist – Firozpur, Punjab and  the OPs issue  a certificate of Property allotment being No. TYY0064181 dated 07.03.2015 in favour  of the complainants  and handed  over the same to the complainants. The complainants  have stated that maturity date  of said certificate  as mentioned therein was on 14.02.2018 and after expiry of said date the complainants went  to the local office  of the OP on several  occasions claiming   for handing over  the property in question in favour of them but  the local office declined their claim stating that such transfer of property  in favour of the complainants  was not possible at all, and, therefore, the complainants  asked the OPs  to refund the deposited amount but that  too went in vain.

          It is specific allegation of the complainants  towards  non-payment of maturity amount  after expiry of  maturity date  causes  monetary loss, harassment and, therefore, the  complainant by filing the instant  petition  of complaint  have prayed for direction upon the  OPs to refund  Rs.5,00,000/-, to  pay Rs. 50,000/- towards compensation and Rs. 20,000/- towards cost of litigation.

          The complainant annexed letter of allotment dt. 07.03.2015 payment advice dt. 14.01.2016, photocopy of returned envelope, Letter dt. 05.02.2018.

          Notices were served but the OPs did not turn up. Hence, the case proceeded exparte vide order dt. 29.01.2019.

          The complainant  by filing a petition prayed for treating the petition of complaint as evidence. Prayer was allowed.

          In  course of argument Ld. Advocate for the complainants filed  Brief Notes of Argument.

Decision with reasons

The complainants  claimed to have deposited Rs. 5,00,000/- with the OPs for availing  a plot of land in the  Housing Project   launched by the OPs.

          In support of  such  contention the complainants file a copy of Certificate of Allotment being  No.TA02610934 bearing consumer ID No. TYY0064181 issued by the OPs in favour of the  complainant No.1 the certificate holder. On perusal of the said certificate of Allotment  it appears that in response  to an application dt. 14.02.2015 issued from the end of the complainants for acquiring a plot /villa/Apartment in the Housing Project of OP situated  at Park Avenue, Talwandi Bhai, Tehsil – Zeera,  Dist – Firozpur, Punjab  the OPs accepted the  proposal  of the complainants and agreed to  offer Plot/Villa/Apartment to the complainants. It further appears from  the said certificate  that the OPs were agreeable to allot   a plot of land to the complainants  at other project in case of  non –delivery of possession of the plot/villa/apartment in the Housing Project launched by  the OPs at  Park venue Talwandi Bhai, Tehsil – Zeera, Dist Firozpur and in case of non-accepting said plot/villa/apartment by the complainant the OPs would  refund the deposited amount along with  compensation assessed by them  after deducting  applicable  tax and administrative cost. It is claimed by the complainant that the said deposit  was made only for  three years  and maturity  date  of the said deposited amount  was fixed  on 14.02.2018. The certificate of allotment annexed by the complainant also supports such contention.

          Date of maturity of the said certificate   was on 14.02.2018 and after expiry of said maturity date  the OPs neither delivered possession of the  plot/villa/apartment to the complainants at any  of their Housing Project  nor did refund the amount.  In our  opinion  such inaction on the part of the OPs amounts to  deficiency in service. Furthermore,  the complainants by filing an affidavit  have  stated that they have filed no claim before  any Commission/Other Court/Forum  and , therefore, the  complainants  are entitled to get the relief  regarding prayer for refund of deposited amount.

          Regarding prayer for compensation and litigation cost we are of opinion that there  is no ground to allow  such prayer because no document except a  letter dt. 05.02.2018 issued by the complainant to the OP No.4 has been filed  by the complainant to   substantiate their claim to the effect that they made communication on   several times to the OPs claiming   refund of deposited amount  but the  said  letter dt. 05.02.2018 was also returned to the complainant with postal endorsement “ left”.

          In the result, the instant consumer complaint succeeds in part.

Hence,

                                    Ordered

          That  CC/595/2018 is allowed exparte without cost.  The  OPs  are directed  to refund Rs. 5,00,000/-  to the complainant No.1 within one month from the date of communication of this order to them subject to handover of the Certificate of Allotment  No. TA002610934  to the  OPs failing which the amount shall  carry interest @ 9% p.a. till realisation.