Date of  filing : 03.07.2018

Date of  Judgement : 04.03.2021

Mr. Ayan Sinha, Hon’ble Member

This petition  of complaint is filed under  Section 12  of Consumer Protection Act, 1986 by Tania Ghosh Sarkar (Complainant) alleging deficiency in service  on the part of the  OPs (referred as OP hereinafter) Kanwar Deep Singh (OP No.1),  Shri Karan Deep Singh (OP No.2),   both Chairman  of  Alchemist Township  India Ltd. , The Branch Manager, Alchemist Township  India Ltd., (OP No.3) Alchemist Township India Ltd. (OP No.4) and C.S. Jolly , Director (OP No.5).

Facts in brief :

The  complainant being satisfied  with the  goodwill of OP No.1 who used  to run business  for marketing   real  estate, deposited an amount of Rs.4,00,000/-  in cash  with OP No.1 to purchase  plot  in housing  project of the Ops at Park Avenue, Talwandi Bhai, Tehsil Zeera, District – Firozpur, Punjab, and OP No.2 handed over  a certificate of property allotment bearing no. TA 00684319 dated 11/7/2013 in favour of the Complainant. The maturity of the said certificate was after four years eight months. The Complainant also stated in the petition  of his complaint  that the  Ops were under obligation to handover the said property  within four years eight months from the date of  allotment  i.e. within 12.3.2018. OP No.2 who is the local office, refused the complainant to entertain her claim relating to the abovementioned  property after the said date by informing  the complainant  that no such  transfer  was ever possible. Thereafter, the complainant visited the office  of OP No.2  several times  and  made verbal representation and requests but all  their efforts  were in vain  as the Ops remained silent and neglected to redress  the grievances of the complainant. Thus finding no other way the complainant by filing this instant consumer complaint prayed for direction  upon the Ops to refund Rs.4,00,000/- ,to pay compensation of Rs.25,000/-  and litigation cost of Rs.25,000/-.

Notices were served upon the Ops. OP No.1 and OP No.2  appeared and by filing separate petition prayed for expunging their names .But this Commission rejected  their petition vide order dt.9.10.2018 and directed them to file W.V. which they did not   file  and thereafter the case was heard exparte against the OP No.1 and OP No.2  vide  order dt.29.10.2018. OP no.3  appeared and filed their W.V. The Complainant by filing a petition prayed for treating their complaint petition as affidavit in chief against which  OP No.3  filed questionnaire. The complainant again by filing a petition prayed that  they do not intend to file affidavit in reply against OP No.3 filed a petition praying to treat their written version as their evidence to which Complainant also filed a petition stating that she will not file any questionnaire and the  matter was  fixed for argument. Thereafter, the complainant filed Misc. application praying  for addition of parties i.e. (OP No.4) the company and its director i.e. (OP No. 5) and accordingly the same was allowed by this Commission against which the complainant filed amended version of the complaint petition . Notices  were served    to the OP Nos. 4 and 5 ( the added Ops) but they did not contest this case  by filing the W.V. and so the matter was heard ex parte also against the added Ops vide  order dated 5.3.2020 and finally the matter was again fixed for argument. Although  opportunity  was given on repeated dates for argument but neither  OP No.3  appeared  on the date of argument  nor they  filed any BNA. In course of the argument, Ld. Advocate filed BNA alongwith original certificate.

 ​Main points for determination :

(i)Whether there is any deficiency in services on the part of the Ops

(ii) Whether the complainant is entitled to the reliefs as prayed for

Decision with reasons:

All points are taken up together for the sake of brevity and repetition of facts.

          Complainant claimed to have deposited Rs.4,00,000/-  with the Ops for purchase of a plot in the housing project of the Ops  at Park Avenue, Talwandi Bhai, Tehsil Zeera, District Firozpur, Punjab. In support of such contention  the complainant filed original certificate being No. TA00684319 bearing  consumer  I.D. No. TC 00161028 issued by the Ops in favour of the complainant,  the certificate holder. On perusal of the said original certificate  of allotment it appears that  in response  to an application dt.27.6.2013 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, district Firozpur, Punjab, the Ops  accepted the proposal of the Complainants  and agreed  to offer  plot/villa/apartment to the complainants in the housing project launched by the Ops at Park Avenue, Talwandi Bhai, Tehsil Zeera, District Firozpur, Punjab and in case of non-accepting   the said plot plot/villa/apartment by the Complainants 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 deposited amount was made only for period of four years eight months i.e. 11.7.2013 to 12.3.2018. Copy of the certificate of allotment annexed by the complainant also supports such contention.

However, after expiring of the 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 deposited amount. In our opinion such inaction on the part of the Ops amongst   to deficiency in services and therefore the complainants are entitled to   get relief regarding prayer for deposited amount.

The complainant have also  prayed for  compensation of RS.25,000/- and litigation cost of Rs.25,000/- which in our opinion  after careful scrutiny of documents that there is no ground to allow  such  prayer  because  no documents have been filed by the  complainant to substantiate their claim to the effect  that  they made communication on several times  to the Ops  claiming   refund  of deposited amount.

In the result, the consumer complainant succeeds in part.

Hence,

              Ordered

CC/403/2018 and the same  is allowed on contest  against OP No.3  and ex parte against OP Nos.1,2,4 &5. The Ops are directed  to refund  Rs.4,00,000/-  to the complainant within  60 days  from the date of communication  of this order to the Ops  subject to handover  of the original  certificate  of allotment  No. TA00684319  to the Ops.   If the Ops failed to pay the amount within the above-mentioned period, the Ops shall have to pay interest @ 9% p.a. from the date of this order till its realisation thereof in full.