Order No. 13 dt. 26/03/2019
The case of the complainant in brief is that the complainant made two applications dated 08.03.2014& 11.03.2014 with M/s Alchemist Township India Ltd expressing interest in acquiring undivided portion of land after development of the land in the housing project at Park Avenue, Talwandi Bhai , Tehsil – Zeera, Dist- Firozpur, Punjab, against payment of Rs.1,00,000/- on 08.03.2014 and Rs30,000/- on 11.03.2014 to the op . Accordingly two certificates of property had been issued by the o.p. vide the indenture with the allotment no. TA05392020 dt 29.03.2014 & TA02062024 dt 01.042014 respectively with assurance of payment of monthly interest in favour of the complainant @ Rs1,000/- & Rs300/-. But the op had ceased to pay the assured interest@ Rs1,000/or Rs300/-after June 2015. On 17.02.2017 the complainant knocked the op against non-payment of interest for the remaining period as well as return of the assured amount. After expiry of the said date the complainant repeatedly requested the o.p. for payment of the said amount by issuing letters but o.p. did not respond to the demand of the complainant. 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 a 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.p for refund of Rs1,30,000/- with interest @18% p.a. and with compensation of Rs.1,00,000/- and litigation cost of Rs.50,000/-.
Op-1 contested the case by filing wv and denied all material allegation leveled against them. In spite of issuing of notice through Post Office and through daily newspaper, the Ajkal patrikla, other o.p.s did not contest this case by filing w/v and as such, the case has been proceeded exparte against other o.ps. The application regarding maintainability of the case has been dismissed in limini.
On the basis of the pleadings of the respective parties following points are to be decided:-
On the basis of the pleading of the parties the following points are to be decided.
- Whether there was any deficiency in service on the part of the o.ps?
- Whether the complainant is entitled to get any relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Considering the submissions of the complainant and on perusal of the materials on record we find the complainant invested against an assurance of Rs.1,30,000/- and there was assurance of payment of monthly interests of Rs.1,300/-in each month against the plot of developed land and the date of maturity of the certificates were 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 material challenge with evidence against the complainant has been made by o.p.-1 to controvert the demand of the complainant, we are of the view that there was deficiency of service towards the payments of interests as well as refund of assured amount in time. 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.97/2018 is allowed on contest against op-1 and exparte against other ops with cost. The o.ps. are jointly & severally directed to pay a sum of Rs.1,30,000/-(Rupees One lakh Thirty Thousand) only to the complainant along with compensation of Rs.12,000/- (Rupees Twelve Thousand) only for harassment and mental agony and litigation cost of Rs.5,000/- 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.
