Order No.  6  dt.  12/12/2019

          The case of the complainant in brief is that the complainant  executed an agreement dated 19.04.2012 by paying Rs30,000/- with M/s Alchemist Infra Realty Ltd for acquiring an undivided portion of land after development of the land, measuring an area of 1762.20 Kanal at Behanta and Tila , Tehsil – Kolarash, Dist- Shibpuri, Madhya Pradesh against payment to the company (o.p). The value of the said undivided  share of land after development will not be less  than Rs.30,000/- after completion of 3 years i.e. on expiry of 29.03.2015. Accordingly a certificate of property had been issued by the o.p. vide the indenture with the allotment no. AIRL/RXX0075472 dt 29.03.2012 with assurance of payment not less than Rs.30,000/- in favour of the complainant. Complainant had neither been provided with any developed plot of land nor any interest in respect of Rs.30,000/-. After 29.03.2015 complainant had tried to deposit the original certificate of indenture with the o.p. company so that the company might pay the assured amount but all such attempts of the complainant were fruitless as op’s local office remained closed. Complainant issued letter dt 15.07.2019 to the op claiming the matured amount but the op-company remained unmoved. Finding no other alternative complainant filed this case  praying for  direction upon the o.ps for payment of the money of Rs.30,000/-  and compensation of Rs.10,000/-for harassment and mental agony and litigation cost.

          PR & TR shows that notice could not have been served upon the ops.Notice was displayed in the daily newspaper, the Ajkal Patrika.  In spite of displaying of notice  the o.ps did not contest this case by filing w/v and as such, the case had been proceeded exparte against the o.p.

          In order to prove the case the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of his claim including the photocopy of the certificate issued by the o.p. Due to unchallenged testimony of the complainant there is no scope to disbelieve the submission of the complainant and therefore it should be accepted and necessary order is to be passed accordingly.

          Considering the submissions of the complainant and on perusal of the materials on record it is evident that complainant executed an agreement dated 19.04.2012 with M/s Alchemist Infra Realty Ltd for acquiring an undivided portion of land after development of the land, measuring an area of 1762.20 Kanal at Behanta and Tila , Tehsil – Kolarash, Dist- Shibpuri, Madhya Pradesh against payment to the company (o.p). The value of the said undivided  share of land after development will be Rs.30,000/- after completion of 3 years i.e. on expiry of 29.03.2015. Accordingly a certificate of property had been issued by the o.p. vide the indenture with the allotment no. AIRL/RXX0075472 dt. 29.03.2012 with assurance of payment not less than Rs.30,000/- in favour of the complainant. Complainant had neither been provided with any developed plot of land nor any interest in respect of Rs.30,000/-. After 29.03.2015 complainant had tried to deposit the original certificate of indenture with the o.p. company so that the company might pay the assured amount but all such attempts of the complainant were fruitless as op’s local office remained closed for a long time. Complainant issued letter dt 15.07.2019 to the op claiming the assured the amount but the op-company remained unmoved. Even after of expiry of the said time period as mentioned in the certificate  the assured amount had not been paid by the o.p. in spite of repeated attempts by the complainant. On the basis of the said evidences on record and since no challenge has been made by the o.ps. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant.

          In view of the above position we have arrived to the conclusion that there was deficiency in service as well as unfair trade practices on the part of the o.ps. Therefore, complainant is entitled to get relief.  The case is thus, disposed of accordingly.

Hence, ordered.

          That the case no. 248/2019 is allowed exparte with cost against the o.ps. The o.ps. are , jointly and/or severally, directed to pay a sum of Rs.30,000/-(Rupees Thirty Thousand) only to the complainant along with compensation of Rs.8,000/- (Rupees Eight Thousand) only for harassment and mental agony and litigation cost of Rs.1,000/-  ( Rupees One Thousand only ) within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.