DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

CASE NO:  CC-  84  of   2017

 

Smt. Sikha Debnath,

W/o- Lt. Gobinda Kishore Debnath,

Town Rajarbag, P.S. R.K. Pur,

P.O. R.K. Pur, Dist. Gomati, Tripura. .….…...Complainant.

 

            VERSUS    

 

   1.    ALCHEMIST Ltd. 

Agartala Branch, Central Road, Khush Bagan,

Near Central Bank, Opposite Bazaar Kolkata,

P.S. East Agartala, Dist. West Tripura,

(Represented by its Branch Manager/

Authorised Officer).

 

   2.    ALCHEMIST Ltd.,

Building No. 23, Neheru Place,

Near Allahabad Bank, New Delhi,

Pin- 110 019.

 

   3.    ALCHEMIST LTD.

Room No. 405, Jyoti Shikhar Building,

Janakpuri, New Delhi,

Pin- 110 058.

 

   4.    ALCHEMIST Ltd,

F 5 Rajib Gandhi IT Park, Gandhigarh,

Pin-160 101. ............ Opposite Parties.

 

 

 __________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C  O  U  N  S  E  L

 

For the Complainant : Sri Abhijit Sengupta,     Advocate.

 

For the O.Ps : None appeared.

 

JUDGMENT  DELIVERED  ON:  05.12.2017.

J U D G M E N T

  This case arises on the petition filed by one Sikha Debnath U/S 12 of the Consumer Protection Act. Petitioner's case in short is that she being attracted by the advertisement given by Alchemist Ltd. purchased Fixed Deposit Policy for Rs.40,000/- in the year 2013 with assurance that she would get Rs.80,000/- on 02.09.2015. She further invested in Fixed deposit Certificate for Rs.1 lac on 16.07.13 with assurance that she would get Rs.2 lacs on 20.03.16. Again she purchased certificate for Rs.50,000/- with the assurance that she would get Rs.1 lac. Then again Rs.50,000/- for getting Rs.1 lac on 16.07.13. In this way she purchased another 2 policies for Rs.50,000/- and Rs.50,000/- for getting 2 lacs + 5 nos. of certificates purchased for getting matured value Rs.6,80,000/- but the amount not paid after maturity. So she claimed the amount after maturity period and also compensation. 

2. Notice was sent to Alchemist by post. After receipt of notice Director, Alchemist Township India Ltd. filed written statement. 

3. Notice was also sent to the Branch Manager of Alchemist, Agartala but office was found closed 2 times. Then notice was sent by registered post. 

4. Opposite party No. 2, Director, Alchemist Ltd. challenged the territorial jurisdiction of this court. Such payment by petitioner to the O.P. no. 2 is also denied. It is stated that the allegation is totally false and fabricated. However, the O.P. is examining the claim of the complainant and would make payment in the event the amount is payable. 

5. After filing the written statement the O.P. did not appear. So we recorded the evidence of the complainant exparte. 

6. Petitioner produced the letter, canceled cheque, letters of O.P. and canceled cheque. Certificate are not produced. Even copy of the certificate also not produced before us. 

7. We have gone through the letters addressed to the petitioner by O.P. Director. In the first letter O.P. assured the payment of Rs.80,000/- if the apartment of their project not accept by the petitioner. The second letter is also regarding the payment of 2 lacs on non accepting the request for taking the plot. 3rd letter is for payment of 1 lac for non accepting the apartment or plot. 4th letter is about payment of Rs.1 lac for non acceptance of Villa/ apartment by petitioner. In the letter also it is written that the amount may be refunded after deduction of applicable taxes administrative costs if any. Petitioner did not accept the Villa or apartment o the O.P. Copy of one cheque is produced. It is about payment of Rs.1,04,000/- to Sikha Debnath paid by the Alchemist Township India issued on 01.09.15. So part payment to Sikha Debnath by Alchemist is shown. From the 4 letters it is found that Alchemist promised to pay Rs.80,000/- + Rs.2 lacs + Rs.1 Lacs + Rs. 1 Lac. Total Rs.4,80,000/- in the event of non acceptance of Villa refund will be given as maturity given after deduction of applicable taxes and administrative costs. Out of that Rs.4,80,000/- petitioner already received Rs.1,04,000/-. So, amount remained is Rs.3,76,000/-. The certificate are not produced before us. Terms and conditions also not clearly stated in the petition. Non acceptance letter not produced by the petitioner. In such a position it is difficult to find out the deficiency of service by the Alchemist. The Branch office opened at Agartala found closed. It is apparently clear that Alchemist township of India was doing business at Agartala so this Consumer Forum has jurisdiction to decide this case. Petitioner was deceived on the promise of O.P. she was allured to get double and she was cheated. She paid total Rs.3,40,000/- in the year 2013 and got Rs.1,04,000/- in the 2015. Rest amount of Rs.3,76,000/- she did not get. Being allured by the false promise.  Alchemist Township of India promised to allot Villa apartment to her but it was not allotted. Such false advertisement is deficiency of service. We therefore, direct Alchemist Township of India to pay the petitioner Rs.3,76,000/- after deduction of applicable taxes and administrative cost and other cost if any as promised by them. We also direct the O.P. Company to pay Rs.10,000/- as litigation cost. In total Alchemist township India is to pay Rs.3,86,000/- to the petitioner. Direct the O.P. to pay the amount to the petitioner within 2 months. If not paid it will carry interest @ 9% P.A.

 

Announced.

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI  U. DAS

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA