Filed on 30.10.2017

Judgment : Dt.27.2.2018

Mr. Ayan Sinha, Member

            This is a complaint, under Section 12 of the C. P. Act, 1986 and as amended, made by one Mr. Joydip Middya, residing at Basudevpur, Arambagh, Ward No.1, Hooghly-712 601 (W.B.), P.S.-Arambagh against M/s Alchemist Township India Ltd. having its registered office at SCO 17, Park Avenue, Talwandi-151 302, Punjab, OP No.1, M/s Alchemist Township India Ltd. having its Corporate Office at SCO 232-233, 3^rd floor, Sector 34A, Chandigarh-160 017, OP No.2, M/s Alchemist Township India Ltd. having its Regional Office at 15, Ganesh Chandra Avenue, Kolkata-700 013(WB), P.S.-Hare Street, OP No.3, M/s Alchemist Township India Ltd. having its Branch Office at Golpark, 8A, Ballygunge Terrace, Kolkata-700 029 (WB), P.S.-Lake, OP No.4, praying for directions upon the OPs (a) to refund the total amount of investment i.e.Rs.3,15,000/- (b) to pay the total agreed amount of benefit against the investment amount @ 1% per month, from the date of investment i.e.Rs.1,38,600/- (c) to pay compensation for unfair trade practices, harassment and mental agony Rs.60,000/- and litigation cost of Rs.22,000/- and to pay further amount of benefit against the said investment from 16.10.2017 to till the date of full and final payment @ 1% per month.

            Facts in brief are that complainant by occupation businessman with his wife as joint applicant invested an amount of Rs.3,15,000/- with the OPs. M/s Alchemist Township India Ltd. registered under Companies Act 1956. The Complainant invested the cash amount to acquire proportionate areas of plot/villa/apartment in OP’s housing project at Park Avenue, Talwandi Bhai,Tehsil Zeera, Dist.-Firozpur (Punjab) in category “A” L-No.101 by application(s) made in diverse dates.

            Details of payment as stated by Complainant –

1. The Complainant paid Rs.1,60,000/- to OP No.1 & 2 along with application No.TA05345924 dt.7.9.2014 for a period of 3 years with cease period 7.9.2017 against which a cash receipt Sr.No.169 dt.15.3.2014 was issued by the OP No.4.
2. Complainant paid Rs.1,55,000/- along with  application no.TA05345915 dt.7.9.2014 for a period of 3 years with cease period 7.9.2017 and a cash receipt Sr.No.170 dt.15.3.2014 was issued by OP No.4.

The OPs neglected to pay the monthly interest and also neglected to allot proportionate area of plot/villa/apartment in their housing project.

The OPs have lost their reputation and goodwill in the open market and thus the Complainant filed this case.

Notices were sent to OPs but OPs did not contest the case by filing written version and finally the matter was heard ex-parte vide order No.6 dt. 29.1.2018. Complainant has filed a petition to treat petition of complaint as affidavit-in-chief.

Main points for determination

1. Whether the Complainant is a consumer?
2. Whether there is a deficiency in service on part of the OPs?
3. Whether the Complainant is entitled to get the relief as prayed for?

Decision with reasons

         On perusal of the photocopy of documents it appears that Complainant along with his wife as joint applicant have paid (a) Rs.1,60,000/- against which OPs issued a money receipt No.169 dt.15.3.2014 and certificate of allotment No.TA05345924, (b) paid Rs.1,50,000/- against which OPs issued money receipt No.170 dt.15.3.2014 and allotment of certificate being No.TA05345915. There is no dispute that Complainant has paid money and so Complainants are consumers. The Complainant has also filed only one original cheque of Rs.1,550/- dt.7.1.2016, but nowhere in the petition of complaint has stated about this cheque. Moreover, there is no such evidence filed by Complainant, from where it can be ascertained that OPs agreed to pay 1% interest from the date of investment. The Complainant has also filed two original allotment certificate bearing No.TA05345924 and TA05345915 issued by OP which clearly reveal that OPs have agreed to allot plot/villa/apartment as per Complainants application, failing which they will allot plot/villa/Apartment in OP’s other projects and if the same is not accepted by Complainant the OPs shall refund the amount received from Complainant which should not be less than Rs.1,60,000/- and Rs.1,55,000/- respectively alongwith compensation. The certificate also states that prior to expiry, Complainant may obtain refund.

              The Complainant sought for the deposited amount from OPs on 01.06.2017 which is just before 3 months from the expiry of the certificate which the OPs did not pay to the Complainant although it is mentioned in the certificate that Complainant may obtain refund prior to expiry.

             Since the OPs failed to honour their commitment and the allegations remained unchallenged and unrebutted, it appears that OPs have thus indulged in extorting money from public at large and thus in the activities of OP constitute deficiency of service and so we are of the view that there is a gross deficiency in service on part of the OPs and Complainant is entitled to the reliefs.

               The Complainant has prayed for compensation of Rs.60,000/- and also prayed for litigation cost of Rs.22,000/-.

             So, we are of the view, that if a direction be given upon OPs to refund the actual amount i.e. Rs.3,15,000/- to the Complainant along with compensation of Rs.30,000/- and a litigation cost of Rs.3,000/- justice would be served. We do not find justified for giving any directions upon OPs to pay interest if we allow compensation.

Hence,

ordered

                CC/597/2017 and the same is allowed ex-parte in part.

                The OPs are directed to refund Rs.3,15,000/- to the Complainant.

              The OPs are also directed to pay Rs.30,000/- as compensation and Rs.3,000/- as litigation cost to the Complainant within two months from the date of this order. In default, the total amount shall carry interest @ 10% p.a. from this order till full realization. The liabilities of OPs are joint and several.