Judgment : Dt.17.8.2017

            This is a complaint made by Jiban Chandra Chowdhury, C-72, Amarabati, Sodepur, Dist.- 24-Parganas (N), Kolkata-700 110, P.S.-Khardah against – (1) The Director, Alchemist Infra Reality Ltd., Unit No.GF-18, Ground Floor, Omaxe Square, Jasola District Centre, South Delhi-110 025, OP No.1, (2) The Director, Alchemist Township India Ltd., 411, 412, Ansal Tower, 38, Neharu Place, New Delhi-110 019, OP No.2 and (3) The Regional Manager, Alchemist Township India Ltd., 145A, Diamond Harbour Road, 2^nd flr., Kolkata-700 008, P.S.-Thakurpukur, OP No.3, praying for direction upon the OPs to refund of Rs.50,000/- principal amount and Rs.2,000/- as interest and compensation of Rs.20,000/- and litigation cost of Rs.10,000/-.

            Facts in brief are that Complainant deposited Rs.50,000/- with OPs for 3 years and he was assured 12% interest would be paid on monthly basis. In and around 3^rd week April, 2012, OP No.3 handed over certificate of property allotment which was to mature on 17.3.2015. Complainant received monthly interest through inter office payment advice for 36 months. In 3^rd week of March, 2015, Complainant wanted to surrender the certificate for payment of maturity amount. But, OP No.3 told that since fund was not available, certificate would be extended for 6 months. OP No.3 handed over post dated cheque dt.17.9.2015 for Rs.50,000/-. The cheque was signed and issued by OP No.2 in place of OP No.1, OP No.3 also handed over, 6 cheques to the Complainant for interest of 6 months. Complainant tried to encash the cheque of Rs.50,000/-. But, every time Bank Officer declined to accept the cheque with a reason for insufficient fund. Complainant encashed 2 nos. of interest cheques, but could not encash other 4 cheques of interest. Complainant wrote a letter to OPs for refunding the principal amount and due interest but of no use. So, Complainant filed this case.

            OP No.2 & 3 filed written version and denied the allegations of the complaint. They have further stated that this Forum does not have jurisdiction to adjudicate this dispute. Further, OPs have stated that no letter was issued to them, so, OPs prayed for dismissal of the complaint.

Decision with reasons

            Complainant filed affidavit-in-chief against which OP did not file questionnaire and left taking steps.

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

            Complainant has prayed for refund of Rs.50,000/- principal money. It appears that OP issued a cheque of Rs.50,000/- in favour of Complainant on 17.9.2015. However, it does not appear that this cheque was ever presented before any bank because no return memo is filed by the Complainant that he presented the cheques, but it was returned for the reason ‘insufficient fund’ as stated in the complaint petition.

            The contention of the Complainant that he used to be informed by the officer of the Bank about insufficient fund does not appear to be acceptable and sustainable in the eye of law. So, latches appear to be on the part of the Complainant. Similarly, 4 cheques of Rs.500/- which are allegedly of interest were never presented before any Bank and allegation of the Complainant cannot be accepted on the ground of Bank Officer reporting insufficient fund to the Complainant. So, it is clear that Complainant failed to prove the allegations of the complaint.

            Hence,

ordered

            CC/76/2017 and the same is dismissed on contest.