Judgment : Dt.10.11.2017
Shri S. K. Verma, President.
This is a complaint made by one Sandip Nath, 19/3, Diamond Harbour Road, P.O.-Barisha, P.S.-Thakurpukur, Kolkata-700 008 against the Director, Alchemist Infra Realty Ltd., Unit No.GF-18, Ground Floor, Omaxe Square , Jasola Dist Centre, South Delhi-110 025, OP No.1, The Branch Manager, Alchemist Infra Realty Ltd., 145A, Diamond Harbour Road, 2nd floor, PS.-Thakurpukur, Kolkata-700 008, praying for a direction upon the O.P. to return the maturity amount of Rs.1,00,000/- and to pay balance interest and compensation ofRs.50,000/- and litigation cost of Rs.10,000/-.
Facts in brief are that OP No.1 runs business of marketing real estate. Complainant deposited an amount of Rs.1,00,000/- through OP No.2 to OP No.1 by cash. Around 2nd week of February,2012, OP No.2 handed over Complainant certificate of property allotment and the maturity was on 20.01.2015. Around January, 2015, Complainant approached OP No.2 for maturity refund. OP No.2 took back the original certificate dt.10.3.2012 and handed over cheque dt.20.7.2015 for Rs.1,00,000/- and also handed over six numbers of interest cheques Rs.1,000/- each. Complainant deposited the cheques for encashment. But, all the cheques returned with endorsement ‘insufficient fund’. Complainant visited the office of OP No.2 and OP No.2 took back the original cheques and Complainant was assured that the amount would be credited to the account. Since OP did not make payment of the amount, Complainant filed this case.
OP No.1 filed written version wherein he has denied that this Forum has jurisdiction to try this case. Further, OP No.1 has stated that he does not admit the facts mentioned in the complaint and so OP No.1 has prayed for dismissal of the complaint.
OP No.2 has also filed written version wherein he has denied that this Forum has jurisdiction to try this case. Further, OP No.1 has stated that he does not admit the facts mentioned in the complaint and so OP No.1 has prayed for dismissal of the complaint.
Decision with reasons
Complainant filed a petition praying for treating the complaint petition as affidavit-in-chief to which OPs filed questionnaire and Complainant filed affidavit-in-reply. OP No.1 filed affidavit-in-chief to which Complainant filed a petition stating that he will not file questionnaire and the case be fixed for argument.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
On perusal of the prayer portion, it appears that Complainant has prayed for refund of Rs.1,00,000/-, a certificate is filed which shows that OP received Rs.1,00,000/- and the maturity was on 18.2.2015. The fact stated in the complaint has not been rebutted by the OP. They have simply denied the allegation. Simply denial cannot take place of proof.
Accordingly, we are of the view that Complainant is entitled to refund of Rs.1,00,000/-. Further, Complainant has prayed for balance interest. Complainant has not made it clear how much amount of balance is due. Whatever it may be, OPs are liable for balance interest. Complainant has also prayed for compensation of Rs.50,000/- and litigation cost of Rs.10,000/-.
Considering the facts and circumstances, we are of the view that if compensation of Rs.10,000/- and litigation cost of Rs.5,000/- are allowed, object of justice would be served.
Hence,
ordered
CC/200/2017 and the same is allowed on contest in part. OPs are directed to pay Rs.1,00,000/- to the Complainant within two months of this order. Further, OPs are directed to pay balance interest within this period. They are also directed to pay compensation of Rs.10,000/- and litigation cost of Rs.5,000/- within this period, in default all the amount shall carry interest @ 10% p.a. from the date of this order, till realization.
