Date of filing : 03.07.2018
Date of Judgement: 09.01.2020
Mrs. Balaka Chatterjee, Hon,ble Member
This petition of complainant is filed u/s. 12 of the C. P.Act, 1986 by (1) Tapash Kumar Chowdhury & (2) Dolly 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, Alchemist Township India Ltd., F/5,Rajib Grandhi Park, Chadigarh (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.8,00,00/-with the OP No.1 through OP no.3 and the OP No.1 issued certificate being no.RD00609012 dt. 27.12.2011 in respect of payment fo Rs. 50,000/-and issued another certificate bearing no. RD00674905 dt. 18.12.2012 in respect of payment of Rs. 30,000/- for a period of six years and promised to pay Rs.100000/- & Rs.60,000/- respectively on maturity of the said certificate on 27.12.2017 & 18..02.2012 respectively. The complainants have stated that in June 2013 they were asked to submit the said certificate for further processing and the OP No.3 received the said certificates from the complainant and issued receipts 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 maturity attested copies of said certificates were surrendered to the OP No.3 since local office i.e. OP No.4 was remained close and the complaint sent letters dt. 19.07.2017 , 22.08.2017 & 17.10.2017 to the OP No.3 demanding disbursement of maturity amount of Rs. 1,60,000/- but the OP No.3 paid no heed to the said letters and finding no other way the complainants by filing the instant consumer complaint prayed or direction upon the OPs to refund Rs. 1,60,000/- towards maturity amount, to pay Rs.20,000/- towards compensation and Rs. 10,000/- towards cost of litigation.
The complainant annexed photocopies of certificates of property dt. 17.01.2012, receipt issued by the OP no.4, certificates dt.11.07.2013, letter dt. 12.06.2017, 19.07.2017 & 22.08.2017 issued by the complainant no.1, money receipts.
Notices were served but the OP no.4 did not turn up. So, the case proceeded exparte against then OP No.4 vide order dt. 27.11.2017.
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 did not adduce evidence.
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 claims to have deposited Rs. 80,000/- with the OPs against which the OP issued two certificate. On perusal of said certificates of property it appears that as per Development Agreement dt. 27.12.2011 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 which suggests that some sort of service has been involved therein and the case 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/- & 30,000/- with the OP no.3. It appears from photocopies of certificates of property dt. 17.01.2012 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. 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.TA00684980 and TA00684961 in favour of the complainants on 11.07.2013. On perusal of said certificates it appear that in response to an application dt. 27.06.2013 issued from the end of the complainants for acquiring a 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 complainant. 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. It is claimed by the complainant that the said deposit was made only for three years eleven months & four years one month respectively.
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, compensation and litigation cost. The complainants have claimed that they submitted the certificate to the Branch Office of OP by sending letter dt. 22.08.2017 & 17.10.2017 claiming disbursement of deposited amount along with interest and said letter was received by the OP. Postal track report shows that the items was received by the company which also supports the averment of the complainant. Under such state of affairs we are of opinion that the complainants are entitled to get 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/398/2018 is allowed on contest against OP No. 4. The OPs are directed to refund Rs. 1,60,000/- to the complainant within two months from the date of this order subject to handover of certificates bearing Nos. TA00684980 & TA00684961 to the OPs. The OPs are further directed to pay Rs.20,000/- towards compensation and Rs. 10,000/- towards cost of litigation. If the OPs, fail to refund the deposited amount within abovementioned period the OPs shall have to pay interest @ 9% p.a. till realisation thereof in full.
