Date of filing : 07.06.2018
Judgment : Dt.26.02.2020
Mrs. Balaka Chatterjee, Hon’ble Member
This petition of complainant is filed u/s. 12 of the C. P.Act, 1986 by (1) Smritikana Chowdhury (2)Tapash Kumar Chowdhury against Opposite Parties ( referred as OP hereinafter) (1) Director, Alchemist Infra Realty India Ltd. (2) Director, Alchemist Township India Ltd., Nehru Place, New Delhi, (3)Director, Alchmist Township India Ltd, F/5,Rajib Grandhi Park, Chandigarh (4) Branch Manager, Alchemist Township India Ltd.
Case of the complainant in brief is that being satisfied with the goodwill of OP No.1 & 2 the complainants deposited Rs.50,000/-with the OP No.1 through OP no.3 and the OP No.1 issued certificate being no.RX00034854 dt. 31.12.2012 in respect of payment of said amount of Rs. 50,000/- for a period of three years. The complainants have stated that in July 2013 they were asked to submit the said certificate for further processing by the OP No.4 and the OP No. 3 received the said certificates from the complainants and issued receipt but the OPs converted the said certificates and again issued the same under a fixed deposit scheme of Alchemist Township India Ltd. The complainants have further stated that on 30.09.2015 the certificate was surrendered and in December, 2015. the OP No.4 handed over a post dated internal office warrant cheque being no. V029694 dt. 10.12.2017 amounting Rs. 50,000/- along with monthly interest but the complainant noticed that the OPs extended the date of payment of maturity amount and the complainant sent several letters dt. 17.11.2017, 21.01.2018, 09.02.2018, 17.03.2018 to the OP No.3 requesting to refund the maturity amount along with unpaid interest, though monthly internal office warrant was issued by OP No.4 but the same had not been encashed as because office of OP No.4 was closed and being aggrieved the complainant by filing the instant consumer complainant prayed for direction upon the OPs to refund Rs. 50,000/- , to pay due interest to the tune of Rs. 14,000/-, to pay compensation of Rs. 20,000/- and Rs. 10,000/- towards cost of litigation.
The complainant annexed copy of certificate bearing No.RX00034854, receipt of certificate, copy of certificate bearing no. TA00315543, Internal payment advice, letters dated 09.02.2018, 12.01.2018 17.11.2017.
Notices were served but the OP no.4 did not turn up. So, the case proceeded exparte against the OP No.4 vide order dt. 26.12.2018.
The OP no.1 & OP Nos. 2 & 3 by filing separate written version narrated the same facts, denying and disputing all the allegations of the complainant stating, inter alia, that the instant consumer complaint has been filed in respect of dispute relating to a property and/or investment made in respect of the same which tantamount to ‘suit for land’ and/or ’investment. Hence this case is not maintainable before this Forum. The OPs further submitted that no letter had been sent to the OPs claiming disbursement of maturity amount and, therefore there was no deficiency on the part of the OPs and accordingly prayed for dismissal, of the case.
The complainants adduced evidence in respect of which OPs filed questionnaire but the complainants did not file reply. However, the OPs prayed for treating their written version as their evidence. Prayer was allowed.The complainant did not file any questionnaire.
Points for determination
- Whether the case is maintainable.
- Whether there is deficiency on the part of the OPs.
- Whether the complainant is entitled to the reliefs as prayed for
Decision with reasons
Point No.1 :The complainants claim to have deposited Rs. 50,000/- with the OPs against which the OP issued certificate. On perusal of said certificates of property it appears that as per Development Agreement dt. 10.12.2012 executed by and between the company and the complainants the complainants deposited said amount ( inclusive of development charge) for having proportionate share of a land. It is therefore, evident that though the instant dispute has been related to the land but development of said plot of land to be done by the OPs. Furthermore certificate dt.22.07.2013 bearing No.TA00315543 reveals that the said certificate was issued in respect of Plot/Villa/Apartment, the complainant intended to acquire which suggests that some sort of service was involved therein and, therefore the complaint is maintainable .
Point No.1 is decided.
Point nos. 2 & 3: both points are taken up together for comprehensive discussion and decision. The complainants have stated that they deposited Rs. 50,000/- with the OP no.3. It appears from photocopy of certificate of property dt. 31.12.2012 that the complainants deposited said amount. The complainants have stated that as per direction of OPs they submitted the certificates for further processing. It appears from receipt issued by Alchemist Township India, Sealpara Branch ( OP No.4 herein) under the head of Alchemist Infra Realty Ltd. stating that the said certificates of property has been received by the company for further processing which supports the averment of the complainant.. It is stated by the complainant that the Director of Alchemist Township India Ltd. Issued certificates bearing nos. TA00315543 in favour of the complainants on 11.07.2013. On perusal of photocopy said certificate it appear that in response to an application dt. 08.07.2013 issued from the end of the complainants for acquiring 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 complainant 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 /villa/Apartment to the complainant 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 avenue 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 and said deposit was made only for two years four months.
However, after expiry of said period 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 complainant 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 interest, we do not find any clause in the certificate whereby the OPs were agreed to pay interest and, therefore, this prayer is not considered.
As regard compensation and litigation cost, it appears from copy of certificate being no. TA00315543 that the OP No.4 received the original certificate putting an endorsement thereon which suggests that the complainant deposited the same but the OPs paid no heed to that issue and caused harassment to the complainant and compelled the complainant to file the instant case and, thereof re, they are liable to pay compensation and litigation cost.
Point Nos. 2 & 3 are decided accordingly.
In the result, the instant consumer complaint succeeds in part.
Hence,
Ordered
That CC/335/2018 is allowed on contest against the OP Nos. 1, 2 & 3 and exparte against OP No. 4 with cost .
OPs are directed to refund Rs. 50,000/- within two months from the date of this order. The OPs are further directed to pay Rs. 5,000/- towards compensation and Rs. 10,000/- towards cost of litigation within abovementioned period in default the entire amount shall carry interest @ 9% p.a. till realisation subject to handover of original receipt issued to the complainant in respect of deposit of certificate bearing no. TA00315543.
