Date of Filing : 20/04/2017
Order No. 7 dt. 01/12/2017
The fact of the case in brief according to the complainant is that the complainant invested an amount of Rs.5,00,000/- in indenture under allotment no.AIR/RX00037368 dated 28.01.2013 executed between the complainant and Alchemist Infra Realty Limited, 15, Ganesh Chandra Avenue, 4th floor, Kolkata 700 013 (o.p.3). By holding the certificate complainant had a proportionate undivided share of land with its development, of area 1762.2 Kanal in the District of Shivpuri, Madhya Pradesh. Against this indenture o.p. had to pay a sum of Rs.1,80,000/- in 36 installments @ Rs.5,000/- in 36 consecutive months. O.p. paid 35 installments by crediting Rs.5,000/- in each of the 35 months. But the last month’s payment was remained unpaid. After maturity of the indenture on 28.01.2016 o.p. was promised to pay the principal amount of Rs.5,00,000/-. But even after depositing the original certificate, complainant had not yet received the entitled amount. On 06.01.2016 the complainant deposited the original certificate of indenture with the o.p-3 in advance so that the company might pay the assured amount in due time i.e. on 28.01.2016. After expiry of the said date the complainant repeatedly requested the o.p. for payment of the said amount but o.p. did not respond to the demand of the complainant. Complainant pointed out that he is entitled to get interest @10% per month on the principal amount for post maturity period from the op. Complainant therefore knocked time and again by sending letters on 07.04.2016, 12.04.2016 & 24.03.2017 through speed post to have the amount as stated. Terming it a deficiency in service or unfair trade practice on the part of the op, complainant lodged this complaint praying for direction upon the o.ps for payment of Rs.5,05,000/- with interest @10% p.a. from 28.01.2016 till the date of actual payment along with compensation of Rs.1,00,000/- and litigation cost of Rs.30,000/-.
In spite of issuing of notice through Post Office and through daily newspaper the Statesman, o.p. did not contest this case by filing w/v and as such, the case has been proceeded exparte against the o.p.
On the basis of the pleadings of the complainant following points are to be decided:-
- Whether there was any deficiency in service/unfair trade practice on the part of the o.ps?
- Whether the complainant will be entitled to get any relief as prayed for?
Decision with reasons:-
All the points are taken up together for the sake of brevity and avoidance of repetition of fact.
We have gone through the submission of the complainant and evidences on record.
It is an admitted fact that the complainant invested an amount of Rs.5,00,000/- in indenture under allotment no.AIR/RX00037368 dated 28.01.2013. By issuing this indenture o.p. had to pay a sum of Rs.1,80,000/- in 36 installments @ Rs.5,000/- in 36 consecutive months. O.p. paid 35 installments by crediting Rs.5,000/- in each of the 35 months. But the last month’s payment was remained unpaid. After maturity of the indenture on 28.01.2016 o.p. was promised to pay the principal amount of Rs.5,00,000/-. But even after depositing the original certificate complainant had not yet received the entitled amount. In order to prove the case the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of his claim including the photocopy of the certificate and receipt of payment of 35 installments @ Rs5000/-per month paid by the o.p through SBI savings A/c of the complainant. Due to unchallenged testimony of the complaint there is no scope to disbelieve the submission of the complainant and therefore it should be accepted and necessary order is to be passed accordingly.
Considering the submissions of the complainant and on perusal of the materials on record we find the complainant invested an amount of Rs.5,00,000/- and there was an unpaid amount of Rs.5,000/- i.ro. last instalment that would have to be paid by the o.p. against the indenture and the date of maturity of the certificate was expired. Even after of expiry of the said certificate the assured amount had not been paid by the o.p. in spite of repeated request by the complainant. Thus, there was deficiency in service on the part of the op. On the basis of the said evidences on record and since no challenge has been made by o.p. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant. Thus the case is disposed of accordingly disposing all points.
Hence, ordered.
that the case no.139/2017 is allowed ex-parte with cost against the o.p. The o.p. is directed to pay a sum of Rs.5,05,000/-(Rupees Five lakh and Five Thousand) only to the complainant along with compensation of Rs.50,000/- (Rupees fifty Thousand) only for harassment and mental agony and litigation cost of Rs.5,000/-(Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
