Date of filing : 07.08.2018

Date of Judgment : 04.07.2019

Mrs. Balaka Chatterjee, Hon’ble Member

          This petition  of complaint is filed under Section 12 of the Consumer protection Act, 1986 by Prasanta Chakraborty  and Anju Chakrborty alleging deficiency in service on  the part of the  Opposite Parties  ( referred as OP hereinafter) (1) Kanwar DeepSingh (2) Karan Deep Singh (3) The Branch Manager, Alchemist Township India Ltd.

          Case of the complainants  in brief is that the complainant being satisfied with the goodwill of  OP No.1, who  has been running real estate business since long, deposited an amount of Rs. 1,25,000/-  for availing a plot of land in the Housing Project of OP situated at Park Avenue, Talwandi Bhai, Tehsil – Zeera, Dist – Firozpur, Punjab. The complainants have stated that on deposition  of the said amount a certificate  of allotment being no. TA02741382 bearing Consumer ID No.TYY0086053 dt 13.08.2015 was handed over to them by OP no.2 and maturity date of said certificate as mentioned therein  was  as on 23.07.2018. It is stated by the complainants  that after expiry of said date the complainant approached  the local office of the OP i.e.  OP No.3 herein for  delivery of possession  of the said plot of land but the OP No.3 declined to entertain their demand on the ground the such transfer  of property  in favour of the complainants was not possible and, therefore, the complainants  decided to take the matured amount  and as such visited the local office of the OP on several  occasion  and requested them to disburse the deposited amount in favour of the complainants but the OPs paid no heed to that request. It is the specific allegation of the complainants that such  non-refund of deposited amount caused monetary loss and harassment to the complainants and being aggrieved  the complain ants by filing the instant consumer complaint pray for direction upon the  OPs to refund Rs. 1,25,000/- to pay Rs. 10,000/-towards  compensation  and Rs. 10,000/- towards cost of litigation.

          The complainant annexed copy  of Certificate  of Allotment being No.  TA2741382. Notices were served but the OPs did not turn up so the case has been preceded exparte against them vide order dated 25.01.2019.

          The complainants by filing a petition have prayed or treating the petition of complaint as evidence. Prayer is allowed.

          The complainants have filed BNA.

Decision with reasons

          The complainants  claimed to have deposited Rs. 1,25,000/- with the OPs for availing  a plot of land in the  Housing Project   launched by the OPs.

          In support of  such contention the complainants file a copy of Certificate of Allotment being  No.TA02741382 issued by the OPs. On perusal of the said certificate of Allotment  it appears that in response  to an application dt. 23.07.2015 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 complainants 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 of land to the complainants  at other project in case of  non –delivery of possession of the plot/villa/apartment in the Housing Project of the OPs at  Park venue 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  and maturity  date  of the said deposited amount  was fixed  on 23.07.2018. The certificate of allotment annexed by the complainant also supports such contention.

          Date of maturity of the said certificate   was on 23.07.2018 and after expiry of said maturity date  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 complainants 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 compensation and litigation cost we are of opinion that there  is no ground to allow  such prayer because no document has been filed  by the complainant to   substantiate their claim to the effect that they made communication several times to the OPs claiming   refund of deposited mount. Further, the maturity date  of the said Certificate of Allotment  was on 23.07.2018 and the complainants filed this complaint on 07.08.2018.

          In the result, the instant consumer complaint succeeds in part.

Hence,

                           Ordered

          That  CC/492/2018 is allowed exparte without cost. The OPs are directed to refund Rs.1,25,000/- to the complainant within one month from the date of communication of this order to them subject to handover of the Certificate of Allotment t  No. TA02741382  to the  OP.