IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/132/2017
Date of Filing: 11.08.17 Date of Final Order: 26.12.18
Complainant: Nurul Huda
S/O Late Tufujul Mandal
Vill-Dayanagar
PO&PS- Bhagwangola
Dist-Murshidabad,
Pin-742135,W.B.
-Vs-
Opposite Party: 1. Branch Manager,
Alchemist Infra Reality Ltd.
Berhampore (WB) Branch.
N.H.34-Panchanantala,
PO&PS-Berhampore,
Dist-Murshidabad,
Pin-742101
2. Regional Manager,
Alchemist Infra Reality Ltd.
Kolkata Region,
15, Ganesh Ch. Avenue,
H.M. Building,4th floor,
Near Chandni Chowk Metro,
Kolkata-13
3. Director,
Alchemist Infra Reality Ltd.
House No.194,
Sector 18A Chandigarh,
Panjab-160018
Agent/Advocate for the Complainant :
Agent/Advocate for the Opposite Party:
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Mrs. Aloka Bandyopadhyay, Member.
This is a complaint under section 12 of the CP Act, 1986.
One Nurul Huda (here in after referred to as the Complainant) filed the case against Branch Manager, Alchemist Infra Reality Ltd. and Others (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The brief fact of the case is as such:
The Complainant deposited Rs.100,000/- in Alchemist Infra Reality Ltd (o.p) which is an associated Company of Alchemist Ltd. on 17.08.10.As per certificate issued by the O.P, the date of maturity of the said investment is on 17.08.18 and maturity amount is Rs.200,000/-. But the said sum has not been refunded to the Complainant till date with repeated request to the OP. Finding no other alternatives, the Complainant filed this case for appropriate relief before this Forum.
The OPs after due service of notice did not appear before this Forum to controvert the plea of the complainant, so the case proceeded ex-parte against the OPs.
Now the question arises whether the Complainant is entitled to get relief, as prayed for?
Decision with reason
The Complainant filed the xerox copy of the certificate issued by the OPs executed between them on 17/08/2010 . It is also stated in that certificate that estimated value of the said un-divided share after development is expected to be not less than Rs.200,000/- on expiry of the tenure on 17.08.16. But the OPs did not pay the amount even after expiry of the due dates and service of a series of demand letters of the aforesaid amount by the Complainant .
Considering facts and circumstances and the documents filed before us, we are of the opinion that there is deficiency of services on the part of the OPs by not disbursing the due amount to the Complainant as per certificate dated 17.08.18. So the complainant is entitled to get relief.
Reasons for delay
The Case was filed on 11.08.17 and admitted on 25.08.17. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act, 1986. Delay in disposal of the case has also been explained in the day to day order.
In the result, the Consumer case succeeds.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No. CC/132/2017 be and the same is hereby allowed on ex-parte against the OPs.
The OPs are directed to pay a sum of Rs.200,000/- along with interest @ 8% from the date of maturity till payment.
OPs are further directed to pay litigation cost of Rs.2000/- and compensation of Rs.2000/- for mental pain and agony.
All such payments are to be made within 45 days from the date of this order.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member President.
