DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS ,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. _85_ OF ___2016_
DATE OF FILING : 12.8.2016 DATE OF PASSING JUDGEMENT:30/062017
Present : President :
Member(s) : Jhunu Prasad & Subrata Sarker
COMPLAINANT : Ajoy Kumar Das, P.O & Village Mayapur, Bhaya Birlapur, P.S Nodakhali, Dist. South 24-Parganas.
-VERSUS -
O.P/O.Ps : The Director, Alchemist Infra Realty Ltd. 20/A S.N Banerjee Road, Budge Budge, Kolkata – 137.
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J U D G E M E N T
Jhunu Prasad, Lady Member
Shorn of unnecessary details, the case present before the Forum for adjudication may be summarized thus:-
In epigrammatic, the case stated in the complaint, is that, the complainant deposited an amount of Rs. 1,05,000/- only to the Alchemist Infra Reality Ltd. On 17.08.2009 for 3 years. Accordingly the OP. issued certificate upon the said amount and date of the maturity of the said fixed deposit was on 24.08.2012.
Thereafter the complainant used to receipt and amount of Rs.1050/-as monthly interest of the said fixed deposit. After maturity of the said amount the complainant re-deposited the aforesaid amount on 24.08.2012 for five years and the O.P issued one certificate of property allotment no.Rxx0000056866 i.e. value of undivided share of some land in Madhya Pradesh.
Thereafter on 02.07.2013 the OP. offered the complainant an opportunity to accept an allotment plot, but the complainant did not accept the same.
After the maturity of the said re- Fixed deposit amount of Rs.1,05,000/- the complainant went to the office of the O.P’s and submitted that due to illness of the wife of the complainant, he wants to take VRS from his appointing authority and wanted to withdraw the amount from the O.P. But the OP. did not allow him to withdraw the same. Moreover, the O.P provoked to re-deposit the said amount for another terms. Ultimately the complainant re-deposited the documents to the O.P Alchemist limited. The OP. issued a receipt but did not issued fresh fixed deposit certificate, not only that, the complainant did not get monthly interest of Rs. 1050/- .
Thereafter the complainant repeatedly request the O.P to issue fresh certificate of the said re-fixed deposit certificate, but the O.P did not pay any heed to it.
Having no other alternative the complainant filed this instant complaint for getting relief.
Issued notice upon the O.P. Notice was duly served to the OP.
After receiving notice the O.P did not appear to controvert the case by filing written version. So, the case is heard exparte against the OP.
Point For Decision:-
- Whether the complainant is entitled to get any relief as prayed for ?
Decision With Reasons:-
At the time of argument the complainant filed some Xerox copies of documents, affidavit –in-chief and BNA to support of his claim.
On overall evaluation of the argument advanced by the Ld. Advocate of the complainant and on critical appreciation of the case record it is evident that the complainant has deposited Rs.1,05,000/- to the O.P Alchemist Ltd. on 24.08.2009 for 36 months and the said fixed deposited amount was matured on 24.08.2012.
Fact remains that after maturity of the said amount of Rs.1,05,000/- the O.P issued one certificate of property allotment No.RXX0056866 which would be matured on 24.05.2012, but unfortunately the complainant wants to withdraw the same, but the O.P deliberately ignored to refund the said money of the complainant.
Manifestly, it is found from the deposited certificate that the date of deposit and the amount deposited along with date of maturity has been clearly mentioned by the O.P. Date of expiry period of the deposited amount makes liable the O.P for repayment of the matured amount and in default of the same, it amounts to gross deficiency of service as well as unfair trade practice within the per view of section 2 (i)(g) of C.P. Act 1986 and section 2(i)(r) of C.P. Act 1986.
Moreover, all the allegations made by the complainant are unchallenged by the O.P, though the O.P got chance to contest and to refute by filing written version before the Forum against the instant complaint, but the O.P deliberately failed to file the same. Therefore, there are no reasons to disbelieve the unchallenged testimony of the complaint.
In short, the complainant deserves success.
In the result, we proceed to pass
ORDER
That the complaint be and the same is allowed exparte against O.P with cost of Rs.2000/-.
That the O.P. is directed to refund the principle amount of Rs.1,05,000/- only to the complainant within one month from the date of this order.
That the OP. is also directed to pay of Rs.10,000/- as compensation and Rs. 2,000/- as litigation cost to the complainant within one month from the date of this order.
Failing which the OPs. shall have to pay of Rs. 50/-per day from the date of this order till its realization, as punitive damage which shall be deposited by the OP. in the State Consumer Welfare Fund.
Let copy of this order be supplied to the parties free of cost when applied for.
Member Member
Dictated and corrected by me
Member
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDER
That the complaint be and the same is allowed exparte against O.P with cost of Rs.2000/-.
That the O.P. is directed to refund the principle amount of Rs.1,05,000/- only to the complainant within one month from the date of this order.
That the OP. is also directed to pay of Rs.10,000/- as compensation and Rs. 2,000/- as litigation cost to the complainant within one month from the date of this order.
Failing which the OPs. shall have to pay of Rs. 50/-per day from the date of this order till its realization, as punitive damage which shall be deposited by the OP. in the State Consumer Welfare Fund.
Let copy of this order be supplied to the parties free of cost when applied for.
Member Member
