Order No.  10  dt.  25/07/2017

            The case of the complainant in brief is that the complainant  executed a development agreement dated 30.03.2010 with M/s Alchemist Infra Realty Ltd for acquiring an undivided portion of land after development of the land, measuring an area of 905.016 Kanal at Behanta and Tila , Tehsil – Kolarash, Dist- Shibpuri, Madhya Pradesh against payment of Rs.5,000/- to the company (o.p). The value of the said undivided  share of land after development will be Rs.10,000/- after completion of 6 years i.e. on expiry of 30.03.2016. Accordingly a certificate of property had been issued by the o.p. vide the indenture with the allotment no. AIRL/RC00231522 with assurance of payment of the maturity value of Rs.10,000/- in favour of the complainant jointly with Ms Piyali Poddar. On 11.02.2016 the complainant deposited the original certificate of indenture with the o.p. company in advance so that the company might pay the assured amount in due time i.e. on 30.03.2016.

                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. On 24.08.2016 complainant approached the mediation cell of the Consumer Affairs Directorate, Govt. of West Bengal for offering an opportunity to the o.p. for amicable solution of the case  before lodging the complaint u/s 12 (1) of the C.P. Act,1986  at the DCDRF. But the o.p. remained unmoved to the call of mediation cell. Finding no other alternative complainant filed this case  praying for  direction upon the o.ps for payment of the money of Rs.10,000/- with interest @18% p.a. and compensation of Rs.50,000/- and litigation cost of Rs.20,000/-.

            In spite of issuing of notice through post office and through daily news paper in the Ajkal patrika, the o.p. did not contest this case by filing w/v and as such, the case has been proceeded exparte against the o.p.

            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 Rs5000/- issued by the o.p. Due to unchallenged testimony of the complainant 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.5,000/- and there was assurance that Rs.10,000/- would be paid by the o.p. against the plot of developed land 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. 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.

Hence, ordered.

                     That the case no.502/2016 is allowed exparte with cost against the o.p. The o.p. is directed to pay a sum of Rs.10,000/-(Rupees Ten Thousand) only to the complainant along with compensation of Rs.1,000/- (Rupees Two Thousand) only for harassment and mental agony and litigation cost of Rs.4,000/- 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.