The case of the complainants, in a nutshell, is that on 23/11/2012 the complainants deposited a sum of Rs. 1,00,000/- with ALCHEMIST INFRA REALITY LTD. through it’s Alipurduar Branch Office (O.P No. 1) for a tenure of three years (23/11/2012 to 23/11/2015) Vide Certificate No. AIRL/RXX0113741. Thereafter, the complainants compelled to seek pre-mature encashment of the said certificate due to severe illness of Samarendra Nath Sarkar who is the head of the complainants family but the O.Ps did not pay any heed to the claim of the complainants.
The further case of the complainants is that the O.Ps fail to pay the due amount even after expiry of three years tenure on 23/11/2015. The complainant did all efforts to get back their money but all attempts are in vain. The O.Ps did not make any payment to the complainant till filing of the case.
Hence, this case filed by the complainant with a prayer for passing an order to direct the O.Ps to pay the deposited amount of Rs. 1,00,000/- and Rs. 24,000/- due to delay period of interest for about two years and also prayed for passing an Order to the O.Ps to pay Rs. 50,000/- towards mental agony and sufferings and also prayed for Rs. 10,000/- towards litigation cost from the O.Ps i.e. total claim of Rs. 1,84,000/-.
After admission of the instant case the notices were sent to the O.Ps but notice upon the O.Ps were not served as per the report of the Postal Department.
Thereafter, on per prayer of the Ld. Agent of the complainant as per provision laid down Under Section-27 of the General Clauses Act, the notices sent upon the O.Ps were treated as served upon them and the case is accordingly proceeded ex-parte against all the O.Ps.
The complainant has filed evidence on affidavit. Ld. Agent for the complainant has submitted that he will not file any written argument and the evidence on affidavit filed by him may kindly be treated as written argument. The prayer of the Ld. Agent was allowed. The complainant has also filed some Xerox copies of documents at the time of filing of complaint and also filed two original documents at the time of hearing of argument.
We have heard argument from the side of the complainant and also perused the other materials on record meticulously.
In this context, the following issues are necessarily come up for consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.2 (1)(d)(ii) of Consumer Protection Act ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as prayed for?
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DECISION WITH REASONS
As all the points are interlinked to each other as such all the points are taken up together for consideration for the sake of brevity and convenience.
The complainants are the resident of Debinagar, Ward No. 14, P.O., P.S. & Dist. Alipurduar and the Office of the O.P No. 1 / Branch Manager Alchemist Infra Realty Ltd., situated at Alipurduar Branch, Madhab More, New Town, P.O. Alipurduar Court within the district of Alipurduar. The complainants have deposited a sum of Rs. 1,00,000/- on 23/11/2012 with Alchemist Infra Realty Ltd. through O.P No. 1 for a terms of three years Vide Certificate No. AIRL/RXX0113741. Naturally, the complainants are the bona fide consumers of the O.Ps. Thus, the complainants are consumers as per provision of Sec. 2(1)(d)(ii) on the Consumer Protection Act, 1986.
It is evident from the record that residential address of the complainants are at Debinagar, Ward No. 14 P.O., P.S. & Dist.- Alipurduar and the Office of the O.P No. 3 is also situated at Madhab More, New Town, Alipurduar within the territorial jurisdiction of this Forum. The claim amount is also less than the pecuniary limit of this Forum. So, we find and hold that this Forum has ample jurisdiction to entertain the instant case.
On perusal of the aforesaid original certificates along with the original receipts of payment dated 23/11/2012 and Certificate of Policy No. AIRL/RXX0113741 it is revealed that Rs. 1, 00,000/- has been received by the O.P side from the complainants. The Policy certificate has been issued in the name of the complainants Smt. Minati Sarkar with her son Susanta Sarkar jointly. on the same day i.e. on 23/11/2012. The ceasation date is mentioned in the aforesaid certificate as on 23/11/2015. Despite the ceasation date (maturity date) the O.P side did not pay the deposited amount together the assured sum (as compensation) of the complainant although the claim of the complainant was in time. As such there is deficiency in service on part of the O.Ps. Under this circumstances the complainant has been able to prove this case ex-parte against the O.Ps. by producing the aforesaid documents. Considering the facts and circumstances we are of the opinion that it should be justified to allow the prayer of the complainant as she prayed for.
Thus all the points are disposed of accordingly.
Fees paid are correct.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and the same is allowed ex-parte with costs against the O.Ps.
The complainants do get a decree amounting to Rs. 1,00,000/- against the O.Ps. The complainant do get a further decree amounting to Rs. 50,000/- against the O.Ps for his mental agony and sufferings and he also do get a further decree amounting to Rs. 10,000/- against the O.Ps as litigation costs.
The O.Ps are directed to pay the decreetal amount ( Rs. 1,00,000/- + Rs. 50,000/- + Rs. 10,000/- = Rs. 1,60,000/- ) to the petitioner within 30 days from this day failing which the complainant will be at liberty to put this decree into execution according to law.
In case for realization of the decreetal amount by execution the complainant will be entitled to 7% interest per annum on the decreetal amount from the date of filing of this case from 06/06/2017 till realization of the entire decreetal dues and the O.Ps have to pay fine of Rs. 100/- per day to the Consumer Legal Aid Account of District Consumer Disputes Redressal Forum, Alipurduar till liquidation of the entire decreetal dues.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me-
