West Bengal

Paschim Midnapore

CC/34/2017

Sasanka Sekhar Maity - Complainant(s)

Versus

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

Subal Chakraborty

30 Jun 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

and

Sagarika Sarkar, Member

 

   Complaint Case No.34/2017

 

Sasanka Sekhar Maity, S/o-Satish Chandra Maity,

E/62, Station Road, Mitra Compound, Midnapore,

West Bengal, Pin-721101..….………Complainant

Versus

1. The Director, Alchemist Infra Realty Ltd., 18, Ground Floor, OMAXE Square, Jasola, District Centre, New Delhi, PIN-110025,
2. Branch Manager, Alchemist Ltd. Medinipur, Sepoy Bazar, Medinipur Town, P.S. Kotwali, Post Medinipur, District Medinipur (W), PIN-721101,

 

For the Complainant:  Mr. Subal Chakraborty, Advocate.

For the O.P.             :  xxxxxxxxxxx                     

                                                                    Decided on: - 30/06/2017                             

                                

ORDER

                         Sagarika Sarkar, Member – This instant case is filed u/s-12 of the C.P. Act, 1986 by Sasanka Sekhar Maity alleging deficiency in service on the part of the above mentioned O.Ps.

 

 

Contd………..P/2                                          

                                          

                                           ( 2 )

                   Case of the complainant, in brief, is that the complainant deposited an amount of Rs.1,50,000/- with the O.P. no.1 through O.P. no.2 under the Monthly Income Scheme launched by the O.P. and same was matured on  04/02/2016. It is stated in the petition of complaint that subsequently the O.P. no.1  promised to pay him Rs.1,500/- p.m. and in order to effect the payment he was handed over  post dated  cheques each for Rs.1,500/- towards payment for six months but on deposition of the said cheques with the drawee bank the same were dishonored  on the ground of insufficient fund.  It is the specific allegation of the complainant that the O.P. no.2, even after maturity date of the said investment did not disburse the said amount though the complainant on repeated occasions requested him to disburse the said amount and thereafter by serving a legal notice dated 18/1/2017 upon the O.Ps.  but to no avail. Accordingly the complainant has prayed for direction upon the O.Ps. to pay Rs.1,57,500/- along with 10% interest from the date of maturity, to pay the amount of Rs.30,000/- for mental agony, to pay the  amount of Rs.10,000/- for the cost of litigation.

                  The complainant has annexed photocopy of the said certificate and said payment advices.

                  Notices were duly served upon the O.Ps. but they did not turn up so the case proceeded ex-parte against the O.Ps.

                Complainant adduced evidence through written examination-in-chief duly supported by affidavit and during his evidence three documents are marked as exhibit 1 to 3 respectively.  

Decisions with reasons.

         The complainant claimed to have deposited an amount of Rs.1,50,000/- with the O.Ps under Monthly Interest Scheme.  It is further evident from the deposit certificate the said amount of Rs.1,50,000/- was refundable on 04/02/2016. It is therefore, evident that the O.Ps.  have deviated from the promise of disbursement of the deposited amount. However, section 2(1)(g) of C.P. Act runs as follows, deficiency means any fault, imperfection,  shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contact or otherwise in relation to any service. Therefore, it is very much clear that there is deficiency in service on the part of the O.Ps. As regards the amounts of Rs.7,500/-  it is evident from the copies of cheques dated 04/07/2015 to 04/11/2015 issued by the O.P. no.1 infavour of the complainant that the O.P. promised to pay the complainant Rs.7,500/- and issued

Contd………..P/3

                                             

 

                                              ( 3 )

cheque in order to pay the promised amount. However the O.P. cannot resile from the promise and therefore , is liable to pay the promised amount of Rs.7,500/- to the complainant. We hold that from unchallenged evidence adduced by the complainant it is evident that the said amount is also payable on the date of maturity of the deposited amount of Rs.1,50,000/- since the said amount is lying with the O.Ps., the complainant, as per our assessment is entitled to  get Rs.5,000/- for compensation and further since  the inaction on the part of the O.Ps. has compelled the complainant to file the instant case the O.Ps. are liable to pay cost of litigation which as per our assessment is Rs.7,500/-.

            In the result the consumer complaint succeeds.

                                      Hence, it is,

ORDERED

                                                             that consumer complaint case being no.34/2017 is allowed ex-parte with cost.

                  The O.Ps. are directed  to refund jointly and severally the deposited amount of Rs.1,50,000/- along with interest @ 10%  p.a.from the date of maturity of the amount till realization and also further a sum of Rs.7,500/-. O.Ps. are further directed to pay Rs.5,000/- towards compensation and Rs.7,500/- towards cost of litigation within one month from the date of communication of this order with the O.Ps. failing which the entire amount shall carry interest @ 10% p.a. for the default period.

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

                Dictated and Corrected by me

 

 

                          Member                                                                                            President

                                                                                                                                 District Forum

                                                                                                                              Paschim Medinipur