Shri Swapan Kumar Mahanty, President.
This is an application u/s.12 of the C.P. Act, 1986.
The complaint, in brief, is as follows :-
The OP2 is carrying on business of Marketing Real Estate and other similar type of products i.e. Plot/villa/Apartments and OP1 is a branch office of OP2, Alchemist Township India Ltd. Being satisfied with the goodwill of the OPs the complainants deposited Rs.7,10,000/- as FD under MIS Scheme. Payments were made by cash. The OP1 issued three Certificates being No.RE03947261 dated 29-12-2013, No.RE03947499 dated 29-12-2013, No.RE03947258 dated 03-01-2014 for 36 months. Complainants vide letter dated 13-07-2018 requested the OP2 to refund the principal amount along with statutory interest thereon on maturity of the certificates. The said letter was returned with postal peon remarks “addressee left”. Finding no other alternative the complainants are compelled to file the instant consumer complaint and prayed for reliefs.
In spite of service of notice through paper publication the OP1 did not turn up to contest the case. As such, the case has proceeded ex-parte against the OP1. OP2 appeared but failed to file written version within the stipulated period of 45 days. As such, the case has proceeded ex parte against OP2 also.
Point for Decision
- Are the OPs deficient in rendering service to the complainants?
- Are the OPs indulged in unfair trade practice?
- Are the complainants entitled to get the relief as prayed for?
Decision with Reasons
Points No.-1 to 3.
All the points are taken up together for the sake of convenience and brevity in discussion.
To establish their case complainants have produced photocopies of certificates bearing Nos. RE03947261 dated 29-12-2013, No.RE03947499 dated 29-12-2013, No.RE03947258 dated 03-01-2014 of Alchemist Township India Ltd., letter dated 13-07-2018, postal registration receipts and track reports. On perusal of those certificates we find that complainant invested Rs.7,10,000/- with the OP1 through OP2 Company. The maturity date of those certificates were 08-12-2016 and 13-12-2016. In spite of maturity, the OPs did not refund the matured amount in spite of request and reminder.
We do not find any reason why the OPs collected the amount from the complainants by issuing certificates and hold the amount as per their own discretion. Therefore, we hold that the OPs demonstrated a gesture of deficiency in service and indulged in unfair trade practice. OPs have also caused harassment, mental pain and agony to the complainants.
Complainants corroborate their case by adducing evidence on affidavit as well as by producing documents. The evidence of complainant no.1 remains unchallenged and uncontroverted. In absence of any contrary and controverting materials on record and having regard to the documents on record, we are of the opinion that the complainants have been able to prove their case. As such, the complainants are entitled to get relief as prayed for. Thus, all the points under determination answered in the affirmative.
In the result, the case succeeds.
Hence,
Ordered
That the complaint case be and the same is allowed ex-parte against the OPs in part with litigation cost of Rs.5,000/- (Rupees Five Thousand) only.
OPs are directed to refund Rs.7,10,000/- (Rupees Seven Lakhs Ten Thousand) only to the complainants within 30 days from the date of this order with litigation cost.
OPs are further directed to pay interest at the rate of8 percent p.a. (at the rate of eight per cent per annum) on the invested amount by way of compensation for harassment, mental pain and agony within the stipulated period.
OPs are also directed to deposit Rs.5,000/- (Rupees Five Thousand) only to this Forum as punitive damage for practicing unfair trade within the specified period.
Liberty be given to the complainants to put the order into execution, if the OPs transgress to comply the order.
