Judgment : Dt.1.2.2018
Mr. Ayan Sinha, Member
This is a complaint, under Section 12 of the C. P. Act, 1986 and as amended, made by one Mrs. Pampa 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, 3rd 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, M/s Alchemist Township India Ltd. having its branch office at Arambag, Basudevpur More, H.No.897/A, Arambagh-712 601, Hooghly (WB), P.S.-Arambag, praying for directions upon the OPs (a) to refund the total amount of investment i.e.Rs.6,55,000/- (b) to pay the total agreed amount of benefit against the investment amount @ 1% per month, i.e.Rs.2,57,773/- (c) to pay compensation for unfair trade practices, harassment and mental agony Rs.80,000/- and litigation cost of Rs.35,000/- and to pay further amount of benefit against the said investment from 15.9.2017 to till the date of full and final payment @ 1% per month.
Facts in brief are that complainant by occupation a housewife with her husband as joint applicant invested amount for benefit into 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 –
- The Complainant paid Rs.2,10,000/- to OP No.1 & 2 along with application No.TA05345918 dt.11.7.2014 for a period of 3 years with cease period 11.7.2017 against which a cash receipt Sr.No.161 dt.15.3.2014 was discharged from OP No.4.
- Complainant paid Rs.1,50,000/- along with application no.TA05345916 for a period of 3 years with cease period 9.8.2017 and a cash receipt Sr.No.162 dt.15.3.2014 was discharged by OP No.4.
- Paid again Rs.1,65,000/- along with application No.TA05345917 for a period of 3 years with cease period 3 years and a cash receipt Sr. No.163 dt.15.3.2014 was discharged by OP No.4.
Thereafter, OP No.2 issued an account payee cheque of Rs.1,30,000/- to Complainant, which could not be deposited by Complainant for encashment as per OP’s instructions and the cheque was returned to OP No.5. The Complainant made a complaint to the office of the Director, CAFBP, Kreta Suraksha Bhawan, 11A, Mirza Ghalib Street, Kolkata-700 087 and upon receipt of the same the Consumer Affairs Dept., Government of West Bengal, requested the appropriate authority M/s Alchemist Township India Ltd. at New Delhi to attend tripartite meeting on 28.3.2017 which was non-cooperation from OPs’ end.
Thus the complainant being neglected and lost his reliance in favour of OPs 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 on 19.1.2018.
Main points for decision
- Wherather the Ops are deficient in rendering service to Complainant.
- Whether the OPs have indulged in an unfair trade practice?
- Whether the Complainant is entitled to get the relief as prayed for?
Decision with reasons
On perusal of the copies of Xerox documents it appears that Complainant along with her husband as joint applicant have paid (a) Rs.2,10,000/- against which OPs issued a money receipt No.161 dt.15.3.2014 and certificate of allotment No.TA05345918, (b) paid Rs.1,50,000/- against which OPs issued money receipt No.162 d.15.3.2014 and allotment of certificate No.TA05345916, (c) paid Rs.1,65,000/- against which OPs issued money receipt No.163 dt.15.3.2014 and certificate of allotment No.TA05345917. Which reveals that Complainant has paid total amount of Rs. 5,25,000/- to the OPs. The Complainant has also submitted a copy of cheque No.392428 dt.27.8.2015 for Rs.1,30,000/- which was issued by OP and was later deposited to OP in original. In this regard the Compalinant has not stated any reasons why the Ops issued cheque of Rs 1,30,000/-.
A copy of letter Memo No.CA/ESTT/0/1G-201/16 from Dept. of Consumer Affairs Dept., Govt. of West Bengal, was addressed to the Complainant is also filed by Complainant, which reveals that after tripartite meeting dt.15.3.2016, the OPs extended their cooperation towards refunding a part or full of maturity value of amount of depositions without interest in respect of few complaints but later when ‘Bunches of complaints against the same OPs were sent by the Grievance Redressal Cell of the Dept. of Consumer Affairs, Govt. of West Bengal, the OPs have shown noncooperation by not replying, not attending any tripartite meeting.
The Complainant has further sent letters to OPs requesting for the refund (xerox copy of letter and postal receipts filed) along with track report.
Since 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 unfair trade practice as well and we are of the view that Complainant is entitled to the reliefs.
Complainant has also prayed for compensation and litigation costs. If we allow an amount of Rs. 30,000/- as compensation and Rs. 10,000/- as litigation costs justice will be served.
Hence,
ordered
CC/584/2017 and the same is allowed ex-parte in part.
OPs are directed to refund Rs. 5,25,000/- to the Complainant.
OPs are also directed to pay Rs. 30,000/- as compensation and Rs. 10,000/- 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. The liabilities of Ops are joint and several.
