Order No.  6  dt.  14/11/2019

The case of the complainant in brief is that the complainant executed a development agreement dated 17.09.2010 with M/s Alchemist Infra Realty Ltd for acquiring an undivided portion of land after development of the land, measuring an area of 1762.20 Kanal at Behanta and Tila , Tehsil – Kolarash, Dist- Shibpuri, Madhya Pradesh against payment of Rs.15,000/- to the company (o.p). The value of the said undivided  share of land after development will be Rs.30,000/- after completion of 6 years. Accordingly a certificate of property had been issued by the o.p. vide the indenture with the allotment no. AIRL/RC00447538 with assurance of payment of the maturity value of not less than Rs.30,000/- in favour of the complainant. After expiry of the said date the complainant repeatedly attempted to approach the o.p. for payment of the said amount but o.p. was not available for getting the matured amount of complainant. Complainant caused to issue legal notice on 01.06.2019 to the op for payment of the amount due. But op did not respond to the call of the complainant  Finding no other alternative complainant filed this case  praying  direction upon the o.ps for payment of the money of Rs.30,000/- along with compensation of Rs10,000/-for harassment and mental agony, and litigation cost Rs7500/-.

            PR & TR show that notice had been served upon the ops. But in spite of getting notices issued from this office they did not contest this case by filing w/v. As such, the case has been proceeded exparte against the o.ps.

            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 photocopies of certificate of property  issued by the o.p. Due to unchallenged testimony of the complaint 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 that op-company executed a development agreement with the complainant for handing an undivided portion of land after development of the land, measuring an area of 1762.20 Kanal at Behanta and Tila , Tehsil – Kolarash, Dist- Shibpuri, Madhya Pradesh against payment of Rs.15,000/- to the company (o.p). The value of the said undivided  share of land after development will be Rs.30,000/- after completion of 6 years. Accordingly a certificate of property had been issued by the o.p. vide the indenture with the allotment no. AIRL/RC00447538 with assurance of payment of the maturity value of not less than Rs.30,000/- in favour of the complainant on or after 17.09.2016. After expiry of the said date the complainant repeatedly attempted to approach the o.p. for payment of the said amount but o.p. was not available for getting the matured amount of complainant. Complainant caused to issue legal notice on 01.06.2019 to the op for payment of the amount due. But op did not respond to the call of the complainant. 

Op-company had failed to provide the land after development. Even after of expiry of the said time period  the assured amount had not been paid by the o.ps. in spite of repeated attempts by the complainant. On the basis of the said evidences on record and since no challenge has been made by o.ps. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant.

             In view of the above position we have arrived to the conclusion that there was deficiency in service on the part of the o.ps. Therefore, complainant is entitled to get relief.  The case is  thus, disposed of accordingly.

Hence, it is ordered

That the case no.232/2019 is allowed  exparte against the ops with cost. The o.ps are, jointly and/or severally, directed to pay a sum of Rs.30,000/-(Rupees Thirty Thousand) only to the complainant along with compensation of Rs.5,000/- (Rupees Five Thousand) only for harassment and mental agony and litigation cost of Rs.2,000/- ( Rupees Two thousand ) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.