Date of Filing : 22/09/2017
Order No. 6 dt. 05/02/2018
The fact of the case according to the complainant, in brief, is that Complainant applied on 20.12.2013 & 19.02.2014 expressing interest to acquire plot/villa/apartment in the housing project at Park Avenue, Talwandi, Bhai, Tehsil - Zeera, Dist Firozpur,Punjab or in any other project by paying application money to M/s Alchemist Township India Ltd Who in turn accepted the two applications and allotted two customer IDs vide I D No- TLL 0414157 Dt 10.01.2014 and ID No.TYY0030921 Dt12.03.2014 assuring allotment of real estate/(s) within the dates of maturity ie 20,06.2016 &19.02.2017.In the event of non acceptance of the entitled real estates by the complainant these two allotments would be appreciated having matured values amounting to Rs64375/-and Rs 1,00,000/-after two years six months and three years ie, on20,06.2016 & 19.02.2017 respectively. Accordingly, two letters of assurance dt10.01.2014 &12.03.2014 were issued by the o p-company in favour of the complainant. After rolling over of the said time limit complainant claimed the entitled amounts in full. But op did not respond to the call of the complainant. Thereafter complainant caused to issue legal notice on 24.08.2017 asking refund of Rs1,64,375/-. OP remained unmoved as before and complainant thereby suffered harassment & mental agony. Finding no other alternative complainant filed this case praying for direction upon the o.ps for payment of Rs.1,64,375/- with compensation of Rs.50,000/- for harassment and mental agony and litigation cost of Rs10,000/-
PR & TR show that notice had been served upon op-2,3,4,5, But ops did not contest this case by filing w/v and as such, the case had been proceeded exparte against the o.ps. 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 allotment letters issued by the o.p-company. Due to unchallenged testimony of the complaint there is little scope to disbelieve the submission of the complainant.
On the basis of the pleading of the complainant the following points are to be decided.
- Whether the complainant paid the consideration as agreed for the purpose of purchasing a plot of land with it’s development?
- Whether there was any deficiency in service on the part of the o.ps?
- Whether the complainant is entitled to get any relief as prayed for?
Decision with reasons
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Considering the submissions of the complainant and on perusal of the materials on record we find that the complainant invested an amount of Rs.1,67,375/-as application money. Even after of expiry of the said time period the assured amount had not been paid by the o.p. in spite of repeated request by the complainant. On the basis of the said evidences on record it is evident that there was deficiency in service on the part of the ops and since no challenge has been made by o.p- company to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant and the complainant is entitled to get relief. Thus, all points are disposed of accordingly.
Hence, ordered.
That the case no. 298/2017 is allowed ex-parte with cost against the o.ps. The o.ps are, jointly and/ or severally, directed to pay a sum of Rs.1,67,375/-(Rupees one lakh sixty seven thousand three hundred seventy five ) only to the complainant along with compensation of Rs.30,000/- (Rupees three thousand) only for harassment and mental agony and litigation cost of Rs.3,000/-( Rupees three 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.
