DATE OF FILING : 23.06.2016.
DATE OF S/R : 03.08.2016.
DATE OF ORDER : 22.09.2016.
1. Mrs. Aparna Paul,
w/o. Sri Prasad Ch. Paul.
2. Ritwiik Paul,
son of Sri Prasad Ch. Paul,
both of village & P.O. Jadurberia, P.S. Uluberai,
District Howrah. ……………………………….…………… COMPLAINANTS.
- The Branch Manager,
Alchemist Township India Limited,
Uluberia Branch,
Nona ( near TATA Indicom Showroom ), Uluberia,
Howrah 711315.
- Manager,
Alchemist, 15, H.M. Building, 4th floor,
Ganesh Chandra Avenue,
Kolkata 700013.………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak .
F I N A L O R D E R
- This is an application U/S 12 of the C. P. Act, 1986 ( as amended up to date ) filed by the complainants, Smt. Aparna Paul and Ritwik Paul, against the o.ps., Branch Manager, Alchemist Township India Limited, and Manager, Alchemist Township India Limited, praying for a direction upon the o.ps. to pay Rs. 4 lakhs to the petitioners and also to pay Rs. 75,000/- as compensation for mental agony and harassment and to pay Rs. 20,000/- as litigation costs.
- The case of the petitioners is that they paid Rs. 2 lakhs to the o.p. no. 1 in terms of application for acquiring a plot of land in housing project within three years. The o.ps. promised to refund the money to the petitioners with compensation of another Rs. 2 lakhs if they fail to allot the plot. The o.ps. in their letter dated 13.09.2013 stated that after expiry of the period the petitioners would obtain the refund of money but no such offer made and so the petitioners contacted the o.ps. over phone for paying Rs. 2 lakhs together with compensation but the o.ps. in collusion with each other misappropriated the money of the petitioners. Finding no other alternative the petitioners filed this case.
- The o.ps. though served with noticeS did not appear in the case and thus the matter is heard ex parte against them.
- The only point to be decided here is whether the complainants are entitled to the reliefs as prayed for ?
DECISION WITH REASONS :
- In support of their case the petitioners filed receipt showing payment of Rs. 50,000/- in respect of Alchemist Township India Limited and also filed documents in the form of a letter written by director o.ps. company to the petitioner acknowledging the receipt of application of petitioner dated 23.8.2013 stating that they would get the offer within three years and thus received Rs. 2 lakhs. They also stated in their letter that after the expiry of the three years the petitioners would get refund of the money. The petitioners also filed affidavit and these documents being authenticate proved the case of the petitioners ex parte as all the oral and documentary evidences went unchallenged and there is nothing to disbelieve the case of the petitioners who proved their case.
In the result, the application succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 209 of 2016 ( HDF 209 of 2016 ) be and the same is allowed ex parte with costs against the o.ps.
The petitioners are entitled to the reliefs as prayed for. The o.ps. are directed to pay Rs. 2 lakhs to the petitioners with 9% interest from the date of receipt of money by them from the petitioners and also to pay Rs. 50,000/- out of which Rs. 20,000/- would go in favour of petitioners as compensation and rest Rs. 30,000/- would go in favour of the Consumer Legal Aid Account and the o.ps. are to pay further Rs. 10,000/- as litigation costs.
All the above payments will be made within 30 days from the date of this order failing the petitioners would be at liberty to put the order in execution.
Supply the copies of the order to the petitioners, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
