BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 5 of 2017

                Sri Surajit Kumar Dhar

            S/o Lt. Satyabrata Dhar

            Ambicapstty, Silchar ………………………………………………………………………… Complainant.      

                                                            -V/S-

Rose Valley Real Estates & Construction Ltd. a company incorporated under the companies Act.1956 having its office situated at RGM-25/3010, Raghunathpur, VIP, Road, Kolkata-700059, West Bengal, represented by its (1) Senior Manager, Barak Region, Shillongpatty, Silchar, (2) The Branch Manager, Hailakandi Branch, Bata Chowrangee, Hailakandi.

Present: -                                Sri Bishnu Debnath,                                         President,

District Consumer Forum,

                                                Cachar, Silchar.                                            

                                                            Sri Kamal Kumar Sarda,                                        Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

            Appeared: -    Mr. Souman Choudhury, Advocate for the complainant.

                                       None for O.Ps.

                                                 Date of Evidence                                       10-10-2018

                         Date of oral argument                                 20-06-2019,

                         Date of judgment                                         01-07-2019

JUDGMENT AND ORDER

                                 Sri Bishnu Debnath,

1. This complaint case has been brought by Sri. Surajit Kumar Dhar (referred as complainant) against Rose Valley Rea Estates & Construction Ltd. represented by its Senior Regional Manager, Barak Region, Shillongpatty (Shyamaprasad Road), Silchar and the Branch Manager, Hailakandi (referred as O.Ps) under the provision of the Consumer Protection Act.1986 for award of payment of Maturity value vide booking Form No. 09H107550056 under scheme-HC2-5-DIAMOND dated 14/04/2011 and booking form No.09H107550054 under scheme HA4-5.

2. Brief fact:-

The Complainant subscribed at the rate of Rs.1,000/- per month for 60 (sixty) month to the scheme HA4-5 on 30/04/2011 with the O.P. The O.P. accordingly issued a certificate No.M.code 08280528 under reference of Booking Form No. 09H107550054. As per the terms & conditions the complainant is entitled to cancel the booking at the ends of 30/04/2016 and in that event of cancellation he will get privilege option amount of Rs.1,05,744/-. Similarly, he subscribed Rs.1,00,000/- as one time deposit to the scheme-HC2-5-DIAMOND on 14/04/2011. The O.P. accordingly issued a certificate No.M.Code:08280528 under reference of Booking Form No. 09H107550056. However, as per terms& condition the complainant is entitled to cancel the Booking at the ends of 14/04/2016 and in that event of cancellation he will get Rs.1,10,000/-.

3. Accordingly, after the ends of above periods i.e 14/04/2016 and 30/04/2016 respectively, the complainant approached to the O.P. to get back the maturity amount of Rs.1,05,744/- and Rs.1,10,000 respectively but O.P. did not heed any attention to the request of the Complainant. Hence, on being aggrieved brought the instant complaint.

4. The case is proceeding exparte against the O.P. because notice returned with endorsement, gate of the premises of the O.P is locked. However, the notice published in daily newspaper as a substitute service but the O.P. did not respond vide order dated 08/08/2018.

5. During hearing the Complainant submitted his deposition supporting affidavit and exhibited the deposit certificate vide Ext.1 and Ext.2 (proved in original) No written argument submitted but the Ld. Advocate of the Complainant orally argued the case and during the argument stated inter alia that there is no documentary proof available to establish the fact that after the ends of 14/04/2016 and 30/04/2016 the Complainant approached to the O.P. to cancel the booking.

6. In this case, the Complainant adduced oral evidence to say that he approach to the O.P. after ending of 14/04/2016 & 30/04/2016 to cancel the booking and to get back the maturity amount of Rs.1,10,000/- & Rs. 1,05,744/-. The said oral evidence is remain un-rebutted in the record. For which I have taken into consideration that fact as true and reliable.

7. Thus, it is concluded that when the complainant approached to the O.P to get maturity amount of both the deposits, it is crystal clear that his modus operandi was to cancel the booking.

8. Thus, this District Forum is of opinion that when the Complainant does not like to continue the booking in view of Ext.1 & Ext.2, the O.Ps are bound to cancel the booking and to pay the value of the deposit as stated in the Ext.1 & 2.

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9. Hence, in this case I have found deficiency of service of the O.P. toward the Complainant for remaining silent without action for releasing the maturity amount. Thus, the O.P. Rose Valley Real Estate & Construction Ltd. is liable to make payment of value of the above mention certificate vide Ext.1 & Ext.2 with compensation of Rs.15,000/- and cost of Rs.5,000/- within 45 days from today. In default, interest at the rate of 10% per annum to be added to the above awarded amount with effect from the date of defaulter till realization of the full amount.

10. With the above this case is disposed of on exparte. Supply free certified copy of judgment to the parties. Given under my hand and seal of the District Consumer Forum, on this the 1^st day of July, 2019.