The Complainant filed this case u/s 12 of C.P. Act, 1986 as amended upto date.
The case in brief is that the Complainant deposited Rs.1,00.000/- in Monthly Income Scheme of Alchemist Infra Reality Ltd. at Bankura Branch. (The O.P. no.1) which was valid for 11-01-2013 to 11-01-2016 and received Rs.1000/- per month till May – 2015. After that the O.P. no.1 did not pay any amount. The scheme was matured in the mean time. The Complainant met with the local agent several times regarding the non-payment of the monthly amount but the agent of the O.P. did not give any satisfactory answer rather asked to deposit the original certificate.
Thereafter, the Complainant visited the local office of the O.Ps. at Bankura and regional office at Kolkata but none of them received any application from the Complainant. The Complainant is a retired, old lady and is suffering with mental pain and agony for the non-payment of her money.
Finding no other alternative the Complainant filed this case praying for the direction upon the O.P. to refund the principal amount of Rs.1,00,000/- and the due monthly income of the Complainant along with interest.
It appears from the record that notice upon the O.Ps. have been returned unserved several times with remarks “Office Closed”. Thereafter, the Complainant served the notice upon the O.Ps. by substitute method of paper publication. The Complainant published the notice on “The Telegraph”, the well circulated English newspaper and after one month of the publication the O.Ps. did not appear to contest with the case. so, the case has been heard exparte against the O.Ps.
The Complainant filed a Xerox copy of documents.
Considering the complaint and the document on record we think following points are to decided in this case.
Points for Determination
1) Whether the Complainant is a Consumer under Sect 2(1) (d)(ii) of the C.P. Act, 1986 ?
2) Whether this Forum has jurisdiction to try this case.
3) Whether there is any deficiency in service on the part of the O.P.
4) Whether the Complainant is entitled to get any relief or reliefs as prayed for ?
Decision with reasons
We have heard the Complainant in detail.
Point no. 1. Evidently the Complainant deposited Rs.1,00,000/- with Alchemist Infra Reality Ltd. for allotment of proportionate undivided share in land and development charges and the Alchemist Infra Reality Ltd. issued one certificate of property vide Allotment No.AIRL / RX00036621 dated 01-02-2013.
So, the relation between the parties have been established and the Complainant is a Consumer under sec 2(1)(d)(ii) of the C.P. Act, 1986.
Point – 2 : Total valuation of the case is within Rs.20,00,000/- i.e. within pecuniary jurisdiction of this Forum.
The Branch Office of O.P. no.1 is within Bankura district. So, this Forum has both pecuniary as well as territorial jurisdiction to entertain the present case.
Point no. – 3 & 4 : Both points are taken up together for convenience of discussion as they are related to each other.
At the time of hearing the Complainant stated that she invested Rs.1,00,000/- at the office of O.P. no.1 on 11-01-2013 with conditions that she will get monthly interest amounting to Rs.1,000/- for the above mentioned investment for three years and after that period original invested amount will be refunded to her. She also said that one certificate of property dated 01-02-2013 has been issued by the O.Ps. against that investment and as per terms and conditions monthly interest of Rs.1,000/- has been paid by the O.Ps. upto May – 2015 ;but thereafter, neither the monthly interest has been paid till the date of maturity nor the principal amount has been refunded after maturity.
The Complainant again said that she visited the office of O.P. no.1 and O.P. no.2 several times ; but both the O.Ps. refused to receive any application.
The Complainant submitted Xerox copy of certificate of property dated 01-02-2013.
On verifying that document we find that the Complainant deposited the amount of Rs.1,00,000/- to the O.P. no.1 on 11-01-2013 and accordingly the O.Ps. issued the certificate of property in the name of the Complainant dated 01-02-2013. The written complain made by the Complainant stated that the monthly interest for the investment of Rs.1,00,000/- has been due since June – 2015.
It is also clear from the document that the invested amount of Rs.1,00,000/- has been matured on 11-01-2016. But as per the submission of the Complainant no amount has been paid by the O.Ps. till now.
In this case the notice upon O.P. no.1, 2 & 3 have been served by the substitute method by published in well circulated news paper ; but none of the O.Ps. have appeared till one month after publication to contest with the case. So, the document and complaint with affidavit filed by the complainant remains unchallenged and we have no other option but to rely upon the unchallenged testimonies. Thus the allegations raised by the Complainant against the O.Ps. are appeared to be true.
Therefore, from the above discussions it is clear that monthly interest against the
investment and the maturity value of that investment have not been paid by the O.Ps. as per the terms and conditions which is nothing but deficiency in service on the part of the O.Ps.
Accordingly, point – 3 & 4 are decided in favour of the Complainant. Thus, the case stands. Proper fees have been paid. Hence, it is
Ordered
That the C.C. no.02 of 2017 be and the same is allowed exparte against the O.P. no.1 , 2 & 3.
The O.P. No.1, 2 and 3 are severally or jointly directed to refund the invested amount of the Complainant i.e. Rs.1,00,000/- to the Complainant along with interest @ 10% p.a. from the date of maturity i.e. from 11-01-2016 till the actual date of realization.
The O.Ps. are further directed to pay the due monthly interest against the investment of Allotment No.AIRL / RX00036621 since June – 2015 to January – 2016 to the Complainant.
The O.Ps. are again directed to pay Rs.3000/- to the Complainant as litigation cost.
All such payment shall be made within one month from the date of this order failing which the Complainant shall be at liberty to execute this order as per law and procedure.
Let a plain copy of this Judgement be supplied to the parties free of cost.
