Date – 28.01.2022

MRS.  SAGARIKA  SARKAR

                               Member

Case of the complainant, in brief, is that the complainant invested an amount of Rs.30,000/-, Rs.35,000/- and Rs.20,000/- on 28.04.2009 with the opposite party – Alchemist Infra Realty Limited  under the housing development project of O.P. for the period of 5 years 6 months.   Thereafter, the O.P.-Alchamist issued certificates in favour of the complainant.  After maturity on 28.10.2021 the complainant visited the office of the O.P. and requested them to disburse the maturity amount in favour of the complainant but O.P. did nothing to that effect.  It is stated in the petition of compliant that on several occasions the complainant requested the O.P. to take necessary steps to disburse the maturity amount in favour of her but O.P. did not turn up.  It is further stated that the complainant sent letter on 06.12.2019 to the complainant but O.P. preferred to remain silent.  Finding no other alternatives the complainant files this instant case, praying for direction upon the O.P.s to disburse the maturity amount alongwith compensation.

Notices was duly served upon the O.P.s through newspaper publication. Inspite of that none appeared on behalf of O.P.s. Hence, this case was proceeded ex parte against the opposite parties.

Complainant adduced evidence through written examination-in-chief duly supported by affidavit.

Decision with reasons

In order to prove her case the complainant Mrs. Chandana Mallik (Mandal) adduced certificates from where it appears that the complainant deposited Rs.30,000/-, Rs.35,000/- and Rs.20,000/- on 28.04.2009 and thereafter O.P.-Alchemist issued three certificates in favour of the complainant and stated there that after maturity on 28.10.2014 complainant will receive Rs.60,000/-, Rs.70,000/- and Rs.40,000/-.  It is therefore, evident that O.P. has promised to disburse the maturity amount on 28.10.2014.  It is further evident that the O.P.s have deviated from the disbursement of the deposited amount.  The inaction of the O.P.s amounts to deficiency in service on the part of the O.P.s.

We hold that from the unchallenged evidence adduced by the complainant that the said amount is also payable on the date of maturity of the deposited amount.  Since, the said amount is lying with the O.P.s, the complainant, as per our assessment is entitled to get Rs.10,000/- for compensation

In the result the consumer complainant succeeds.

Court fee paid correct.

Hence, it is,

O R D E R E D

That consumer complaint case being no.13/2020 is allowed ex parte with cost against the opposite parties.

The opposite parties are directed jointly and severally to refund Rs.60,000/- (Rupees Sixty thousand only), Rs.70,000/- (Rupees Seventy thousand only) and Rs.40,000/- (Rupees Forty thousand only) (Total Rs.1,70,000/- Rupees One lakh Seventy thousand only)) along with Rs.10,000/- (Rupees Ten thousand only) towards compensation to the complainant within 45 days from the date of communication of this order, failing which the entire amount shall carry interest @5% P.A. for the default period.

Let plain copy of this order be given to the complainant free of cost.