Judgment : Dt.22.9.2017

Shri S. K. Verma, President.

            This is a complaint made by one Jiban Chandra Chowdhury, C-72, Amarabati, Sodepur, Dist.-North 24-Parganas, Kolkata-700 110 against the Director, Alchemist Infra Reality Ltd., Unit No.GF-18, Ground Floor, Omaxe Square, Jasola District Centre, South Delhi-110 025, OP No.1 and the Regional Manager, Alchemist Infra Reality Ltd., 145A, Diamond Harbour Road, 2^nd fl., P.S.-Thakurpukur, Kolkata-700 008, OP No.2, praying for a direction upon the O.P. to refund Rs.60,000/- with interest of Rs.2,400/- and compensation of Rs.20,000/- and litigation cost of Rs.10,000/-.

            Facts in brief are that OP No.1 runs business for marketing real estate and other similar type of products. OP No.2 is a branch office of the OP No.1. Complainant deposited a sum of Rs.60,000/- to OP No.1 through OP No.3 by cheque No.463873 dt.11.2.2013, drawn on Allahabad Bank, Kolkata branch. OP No.3 at the time of collecting cheque verbally told Complainant that  an interest @ 12% would be paid monthly. In and around 2^nd week of March, OP No.2 handed over certificate of property allotment dt.7.3.2013 which matured on 14.2.2016. OP No.3 paid monthly interest for 32 months out of 36 months. Complainant  visited Kolkata branch office, but, found that the office of OP No.2 was closed. So, Complainant filed this case.

            OP filed written version and denied the allegations of the complaint petition. They have denied that they issued no certificate and take money from the Complainant. So, OP prayed for dismissal of the complaint.

Decision with reasons

            Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint petition. OP also filed evidence wherein they have stated the facts mentioned in the written version. Complainant filed questionnaire against the evidence of the OP.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the prayer portion of the complaint, it appears that Complainant has prayed for refund of the principal amount of Rs.60,000/-. Complainant has filed original certificate of property which reveals that Complainant paid Rs.60,000/- on March 7, 2013. Complainant has also filed cheques, issued by the OP, showing that OP issued cheques of Rs.600/- and also of payment of Rs.2,400/- interest because Complainant did not get interest for the cheques which he has denied.

            Complainant has also prayed for compensation of Rs.20,000/- and litigation cost of Rs.10,000/-.

            Considering the facts and circumstances we find that if compensation of Rs.10,000/- and litigation cost of Rs.5,000/- is awarded, justice would be served.

            Hence,

ordered

            CC/74/2017 and the same is allowed on contest. OP is directed to pay Rs.62,400/- to the Complainant within two months of this order in default, the amount shall carry interest @ 10%p.a. from the date of this order till realisation. In addition, OPs are also directed to pay Rs.15,000./- as compensation and litigation cost within the above mentioned period in default, this amount shall carry interest of 10%p.a. till realization.