Sri Ranjan Ray, Ld. Member.

FINAL ORDER/ JUDGEMENT

This complaint under the provisions of C.P. Act, 1986 was filed against the Opposite Party- 1. The Branch Manager, Alchemist Infra Reality Limited, C/O Head of Office, Alchemist Infra Reality Limited, SCO: 12-13, Sector 9- D, Madhya Marg, Chandigarh- 160009, 2. The Director, Alchemist Infra Reality Limited, C/O Head of Office, Alchemist Infra Reality Limited, SCO: 12-13, Sector 9- D, Madhya Marg, Chandigarh- 160009, 3. Sri Debasish Adhikary, Authorized Representative, Alchemist Infra Reality Limited, Siliguri Zone/ Area, Shibalay Apartment, Gosala Road, P.O. & P.S.- Siliguri- 734004, Cell No.: 98325-31619 and the case runs ex- parte against O.P. No. 1, 2 and 3.

The case of the complainants as per their complaint is as follows-

The complainant stated in his plaint that according to the words of O.P. No.3 he took a Term Deposit for a period of 36 (Thirty Six) months bearing Certificate of Property No. AIRL/ RX 00028128, dated 07.08.2012 from the O.P. No.1 and 2 with an amount of Rs. 7,00,000/- (Rupees Seven Lakh) only from which the complainants were entitled to get an amount of Rs. 7,000/- (Rupees Seven Thousand) only as monthly interest from the O.P. No.1 and 2 and as soon as the said term deposit period would expire the O.P. No.1 and 2 would be refunded the principal of Rs. 7,00,000/- (Rupees Seven Lakh) only at a time. The complainants also stated that on 14.07.2012 the Complainant No.1 handed over a cheque of Rs. 7,00,000/- (Rupees Seven Lakh) only bearing cheque no. 567951 of the SBI, Hakimpara Branch, Siliguri to the O.P. No.3 and the investment was made in the joint name of Complainant No.1 and his wife and during the period of the said Term Deposit the monthly accrual Rs. 7,000/- (Rupees Seven Thousand) only was regularly paid by the complainants.    

The complainants also stated in their plaint that before one month of the expiry date of the said Term Deposit, i.e., on 05.06.2015 the Complainant No.1 deposited the original certificate of the said Term Deposit at the office of O.P. No.1 for getting the principal amount of Rs. 7,00,000/- (Rupees Seven Lakh) only and after a few days when the complainants did not get any result the Complainant No.1 contacted the O.P. No.3 regarding the refund of his claim amount then the O.P. No.3 promised the Complainant in writing regarding the refund of his claim amount but till 17.01.2016 the complainants did not get any result. The complainants also added that several time the Complainant No.1 contacted the O.P. No.1 and 3 regarding the refund of his legitimate claim but all were in vein.

The complainants also stated in their plaint that in the last week of July, 2017 the O.P. No.1 called the Complainant No.1 and handed over a Payment Advice being no. S0053262, dated 17.07.2017 (valid up to 3 months) for Rs. 7,00,000/- (Rupees Seven Lakh) only along with six Pay Order Certificates being nos. U 2808893, U 2808894, U 2808895, U 2808896, U 2808897, U 2808898 of Rs. 7,000/- (Rupees Seven Thousand) only each and when the Complainant No.1 went to the bank to deposit those said “cheques” the bank official returned told him that these were not “cheques” and returned him the same and after scrutiny the complainants found that the said six Pay Order Certificates were issued between 17.08.2015 and 17.01.2016 with a validity of three months. The complainants also stated that several times they tried to make contact with O.P. No.1 and 3 but did not get any result and even on 20.05.2018 the O.P. No.3 handed over a letter from the office of O.P. No.1 and 2 to the Complainant No.1 being Ref. No. RX00028128, dated 15.05.2018 for submitting some documents and information including Aadhaar Card, PAN Card etc. along with consent letter for sharing information with various departments like Income Tax, C.B.I., E.D., SEBI and other agencies and the complainants submitted to the O.P. No.1 the self Photostats copies of Aadhaar Card, PAN Card etc. with an accompanying affidavit which were duly collected by the O.P. No.3.

The complainants also stated in their plaint that after waiting three months on 27.08.2018 they wrote a letter to the O.P. No.1 asking for refund of Rs. 7,00,000/- (Rupees Seven Lakh) only along with interest @ Rs. 7,000/- (Rupees Seven Thousand) only per month for 37 (Thirty Seven) months on and from August, 2015 within 30 (Thirty) days from receipt of his Notice but the O.P.s failed to make payments within the said stipulated notice period and thereafter on 09.10.2018 the complainants served a Legal Notice upon all the O.P.s but again after receiving the Legal Notice the O.P.s remained silent.  

              The prayers of complainant are as follows: -

1. To pass an order directing to refund Rs. 7,00,000/- (Rupees Seven Lakh) only with interest Rs. 7,000/- (Rupees Seven Thousand) only on and from August,2015 to till.
2. To pass an order directing to pay a sum of Rs. 2,50,000/- (Rupees Two Lakh and Fifty Thousand) only for damages for mental agony, harassment of the complainant.
3. To pass an order directing to pay the cost of Legal Expenditure of Rs. 35,000/- (Rupees Thirty Five Thousand) only by the O.P.s to the complainant.
4. Further and other reliefs as the complainant may be entitled to be granted.

                                                 List of Documents filed by the complainant:

1.  Photocopy of Pass Book of SBI being A/C No. - 30812754816.
2. Photocopy of Certificate of Property being No. - AIRL/ RX 00028128, dated 07.08.2012.
3.  Photocopy of Letter of Undertaking of dated 30.05.2015 by O.P. No.3, Sri Debasish Adhikary.
4.  Photocopy of Payment Advice being No. - S0053262 and 06 (Six) Pay Order Certificates from being No. – U2808893 to U2808898.
5. Photocopy of Letter being Ref. No. RX00028128, dated 15.05.2018.
6.  Photocopy of Notice of dated 27.08.2018.
7.  Photocopy of Legal Notice, dated 09.10.2018 along with postal certificate, A/D, postal receipts.

           Regarding this instant case, the Opposite Party- 1) The Branch Manager, Alchemist Infra Reality Limited, C/O Head of Office, Alchemist Infra Reality Limited, SCO: 12-13, Sector 9- D, Madhya Marg, Chandigarh- 160009, 2) The Director, Alchemist Infra Reality Limited, C/O Head of Office, Alchemist Infra Reality Limited, SCO: 12-13, Sector 9- D, Madhya Marg, Chandigarh- 160009, 3) Sri Debasish Adhikary, Authorized Representative, Alchemist Infra Reality Limited, Siliguri Zone/ Area, Shibalay Apartment, Gosala Road, P.O. & P.S.- Siliguri- 734004, Cell No.: 98325-31619 did not turn up before this Commission and the case runs ex- parte against O.P. No. 1, 2 and 3.

It revels from the record that as per Order No. 05, dated 27.02.2019 the case runs ex- parte against O.P. No.3 and also on 20.02.2020 being Order No.21 the complainants filed original copy of a Bengali news paper namely Sambad Pratidin, dated 17.01.2020 and also copy of a English news paper namely Times of India, dated 17.01.2020 where the complainants published a notice as per Order V Rule 20 of the Code of Civil Procedure and the case runs ex- parte against the O.P. No.1 and 2.   

Having heard, the Ld. Advocate of the complainant and on perusal of the Complaint and documents filed by the complainant the following points are taken to be decided by this Commission.

POINTS FOR CONSIDERATION

1) Whether the complainant is a consumer?

2) Whether the case is maintainable under the CP act 2019?

3) Whether this Commission has its jurisdiction to decide this case? 

4) Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?

5) Is the complainant is entitled to get any award and relief as prayed for? If so, what extent?

DECISION WITH REASONS

All the points are taken up together for consideration and decision.

Seen and perused the complaint petition which is supported by the affidavit, documents filed by the complainants. We are also heard arguments of the complainant in full length.

The complainant resides in the jurisdiction of Post Office- Siliguri, District- Darjeeling and the O.P. No3 was carrying his business in P.O. & P.S. - Siliguri- 734004. Thus, the Commission has no doubt that the complainant is a very much consumer as per the Consumer Protection Act, 1986 and also there is no doubt that this Commission has its jurisdiction to decide this case.

In order to prove the case the Complainant has filed its evidence in the form of an Affidavit and in the Written Complainant has specifically corroborated the Complaint and has stated on which day he purchased the a policy/ scheme from O.P. No.1 and 2, also narrated the date of Maturity. The Complainant has also stated on which day went to the O.P.s for demanding the maturity amount in respect of their policy/ scheme from O.P. No.1 and 2. The Complainants also stated in their evidence that the Complainant went to meet the O.P.s several times but the O.P.s did not make any payment till today. The complainant also filed an affidavit stating that on

At the time of argument Ld. Advocate of the Complainant submits that the Complainant has been able to prove its case against the O.P.s not only through their Written Deposition but also by producing documents.

In the case in hand there is no dispute that the Complainant No.1 deposited the original certificate of the said Term Deposit at the office of O.P. No.1. In this context, on 23.08.2023 the complainant filed an affidavit through his Ld. Lawyer stating that on 05.06.2015the complainant deposited the Original Property Certificate bearing No.- AIRL/ RX 00028128 dated 07.08.2012 at the office of the O.P. No.1 in presence of the O.P. No.3. It is also not disputed that, the Complainant did not deposit the Sum of money to the O.P. It is also fact that, the O.P. No.1 and 2 on receiving the sum of money issued deposit certificates.

The complainants several times tried to get their legitimate claim but the O.P.s failed to settle the said legitimate claim of its Rs. 7,00,000/- (Rupees Seven Lakh) only.

So, as per the above discussion it is very much clear that there was a deficiency of service from the part of O.P.s and this Commission has no doubt that there was a deficiency of services from the part of the O.P.s. In the instance case, the complainant is entitled to get Rs. 7,00,000/- (Rupees Seven Lakh) only in total, against the O.P.s (Alchemist Infra Reality Limited) along with the simple interest @ 9% Per Annum from the date of the maturity of the  Term Deposit till the realization of the total amount. The complainant is also entitled to get Rs. 20,000/- (Rupees Twenty Thousand) only for harassment, mental pain and agony and litigation cost and O.P.s are also directed to deposit Rs. 20,000/- (Rupees Twenty Thousand) only to Consumer Legal Aid Account of this Commission.

That the Consumer Case No. 116/2018 be and same is allowed in contest against the O.P. No.1 and 2 (Alchemist Infra Reality Limited).

Hence it is,

ORDERED

That the Consumer Case No. 116/2018 be and same is allowed in ex-parte against the O.P. No. 1 and 2 (Alchemist Infra Reality Limited). The O.P. No. 1 and 2 are jointly and severally liable in this case.

The complainant do get an award of Rs. 7,00,000/- (Rupees Seven Lakh) only in total, which is the maturity amount along with a simple interest of @ 9% Per Annum from the date of maturity of the  Term Deposit till the date of realization of the awarded amount. The complainant is also entitled to get Rs. 20,000/- (Rupees Twenty Thousand) only for harassment, mental pain and agony and litigation cost. The O.P.s are also directed to deposit Rs. 20,000/- (Rupees Twenty Thousand) only to Consumer Legal Aid Account of this Commission within 30 days from the date of this order.  

Let a copy of this judgment be given to the parties directly or through their representative Ld. Advocate for compliance free of cost.

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