West Bengal

Paschim Midnapore

CC/36/2017

Rabindra Nath Bhattacharya - Complainant(s)

Versus

The Director, Alchemist Infra Realty Ltd. - Opp.Party(s)

Subal Chakraborty

29 Jun 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

                  PASCHIM MEDINIPUR.                             

Bibekananda Pramanik, President,

Pulak Kumar Singha, Member

And

Sagarika Sarkar, Member

    

Complaint Case No.36/2017

 

    Rabindra Nath Bhattacharya, S/o-Late Sitanath Bhattacharya,

Habibpur, Midnapur Town, P.S.-Kotwali,

Dist-Paschim Medinipur…..….………Complainant

Versus

1. The Director, Alchemist Infra RealtyLtd., 18 Ground Floor, OMAXE Square, Jasola, District Centre, New Delhi-110025,

 

2. Branch Manager, Alchemist Ltd, Midnapore,

Sepoy Bazar, Midnapore Town, P.S. Kotwali, P.O. Midnapore, Dist. Midnapore(W), Pin-721101.

………….Ops.

 

For the Complainant:  Mr. Subal Chakraborty, Advocate.

For the O.P.             :  xxxxxxxxxxx                     

                                                 Decided on: - 29/06/2017                             

                                                ORDER

            Pulak Kumar Singha, Member : 

 

            Complainant files this case U/S-12 of the Consumer Protection Act, 1986.

              In short the case of the complainant is that the complainant was invested a sum of  

Contd……………….P/2

 

( 2 )

Rs.1,00,000/- (Rupees one lakh) only on 03/01/2013 with the O.P. No.1 through O.P. No.2 for the period of three years Monthly Income Scheme (MIS) and O.Ps.  had allotted certificate of property vide allotment no.RX00032849 dated 07/11/2012 and date of maturity was on 17/10/2015 O.Ps. also issued three  monthly  payment advice of Rs.1,000/- each dated  on 17/08/2015, 17/09/2015 and 17/10/2015 respectively but those payments were not made due to lack of fund.  After the date of maturity complainant deposited original certificate along with other requisites to the O.Ps. and demanded the matured amount but O.Ps. have ignored the claim rather  they kept silence. Complainant also sent legal notice but no reply as yet reached from the end of O.Ps. For such act of O.Ps. complainant has been suffering mental pain and agony. Finding no way, complainant approached before this Forum for  getting relief as prayed for.

             In spite service of summon all the O.Ps. neither appeared nor  contested the case. So, the case is heard ex-parte against O.Ps.     

Points for decision :

1. O.Ps. are negligent and deficient in service ?
2. Complainant is entitled to get relief as prayed for ?

 

Decission with Reasons

             All the points are taken together for the sake of convenience and brevity and consideration.

              We have travelled over the complaint, documents and evidence, it appears that complainant had invested Rs.1,00,000/-(Rupees one lakh) only to O.P. no.1 for (MIS) Monthly Income Scheme which will earn monthly interest from that amount till date of maturity.  We think complainant was convinced by the agent of O.Ps., that O.Ps. have launched a scheme named as MIS which will earn monthly income against the  deposited amount. For that purpose O.Ps. have also issued four payment advices of O.Ps. Rs.1,000/-  each dated on 17/08/2015, 17/09/2015 and 17/10/2015 respectively which were also not paid due to paucity of fund of O.Ps.  But from the certificate of O.Ps.  it reveals that O.Ps. have issued certificate of property where it mentioned that one development agreement  was executed on 03/01/2013 between complainant and O.Ps., where certificate holder  is only a sharer of undivided   land measuring an area of 1762.20 kanal at Behanta & Title, Tehsil  Kalasas, District Sivpuri,  Madhya Pradesh. Such agreement was expired on 03/01/2016 but it was also mentioned in the certificate of  property that undivided share at development is expected to be not loss than of Rs.1,00,00/-. We think that O.Ps. have collected the money from general public like complainant through their agent by way

Contd……………….P/3

( 3 )

of deceitful manner, as agent declared actually it is monthly income scheme and public at large like complainant by alluring of advertisement  of  promise by the agent of O.Ps.  have invested money and after that they received such type of certificate which  is not at all monthly income scheme.

                  Complainant to prove his case submitted documents and adduced evidence on oath. But in spite of service of summons O.Ps. did not contest the case. The case is heard ex-parte against the O.Ps. and evidence of complainant is remain unchallenged  by O.Ps. 

                 Complainant after the date of maturity deposited original certificate along with other required documents to Ops. and demanded deposited amount with benefits but O.Ps. have ignored the claim and kept silence themselves and for such act of O.Ps. complainant has been suffering mental pain, agony and financial loss.

               In view of discussion here in above we find that O.Ps. are negligent and deficient in rendering service to the complainant, for such complainant is entitled to get relief as prayed for.     

             Thus the complaint case succeeds.

                                      Hence, it is,

ORDERED,

              That the complaint case be and the same is allowed on ex-parte with cost against O.Ps.  O.Ps are directed  jointly or severally to pay Rs.1,00,000/-(Rupees one lack) only with 9% interest from 03/01/2013  and to pay Rs.10,000/- compensation for harassment,  mental pain and agony to the complainant within one month from the date of this order.

            O.Ps. are further directed to pay Rs.2,000/-(Rupees two thousand) as litigation cost to the complainant within the stipulated period.

Failure to comply this order O.Ps. shall be liable to pay Rs.500/- per month to be paid to the Legal Aid Account of this  Forum till the date of realization.

Dictated and Corrected by me

        

               Member                                 Member                          President

                                                                                               District Forum

                                                                                            Paschim Medinipur