Judgment : Dt.31.1.2018
Mrs. Balaka Chatterjee, Member
This petition of complaint is filed under section 12 of C.P.Act, 1986 by Ajoy Kumar Ghosh alleging deficiency in service on the part of the opposite parties namely (1) The Director, Alchemist Infra Reality Ltd. (2) The Branch Manager, Alchemist Infra Realty Ltd., 145A, Diamond Harbour Road, P.S.-Thakurpukur, Kolkata-700 008.
Case of the complainant, in brief is that having been satisfied with the goodwill of OP No.1 who runs business of marketing rent estate etc. the Complainant deposited a sum of Rs.10,000/- with the OP No.1 by a cheque being No.845482 dt.28.8.2010 drawn on Bank OBC, Kidderpore Branch for a period of 72 months with assurance of getting Rs.20,000/- on maturity on 24.8.2016. The Complainant has stated that in or around third week of September, 2010, OP No.2, the Branch Office of OP No.1 handed over a certificate of property, having allotment No.AIRL/RC00419046 dt.14.9.2010 to the Complainant accordingly. The Complainant has further stated that after attaining the maturity dt. viz.24.8.2016, the said certificate was required to be deposited with the OP and, therefore, the Complainant had made an attempt to surrender the said certificate in or around first week of September, 2010 but found the office of the OP No.2 closed. It is further stated that under such circumstances, the Complainant served letters dt.21.04.2017 to the OPs enclosing the certified true copies of the said certificate requesting the OPs to treat the same as surrender of certificate and thus to disburse the matured sum in credit of him but the OPs remained silent. According to the Complainant this failure on the part of the OPs in the matter of disbursement of maturity value of the said certificate resulted I n monetary loss, harassment and mental agony to the Complainant for which he has prayed for direction upon the OPs to return the maturity value of the said certificate as Rs.20,000/-, to pay Rs. 20,000/- and Rs.10,000/- towards compensation and cost of litigation respectively.
Notices were served upon the OPs but they did not turn up. So, the case was fixed for ex-parte hearing vide order No.16 dt.29.11.2017.
The Complainant filed affidavit-in-chief annexing photocopies of certificate of property, demand notice dt.21.4.2017.
Decision with reasons
The Complainant has claimed to have deposited a sum of Rs.10,000/- with the OP. Photocopy of the certificate dt.24.8.2010 issued by the OP corroborates the contention of the Complainant. Copy of the said certificate shows that the OP received Rs.10,000/- from the Complainant on 28.8.2010 and allotted a piece of land and alternatively, promised to disburse amount not less than Rs.20,000/- on 24.8.2016. The Complainant has claimed that after expiry of maturity date the Complainant served letter upon the OPs praying for disbursement of the matured amount. Photocopy of the said letter and tracking report of the said letter issued by postal department support such claim of the Complainant. Moreover, the evidence remained unchallenged by the OPs. Since the OPs deviated from the promise of disbursement of matured amount to the Complainant and it is an example of deficiency in service on the part of the OP for which they are liable to compensate the Complainant. Further, the OPs compelled the Complainant to file the instant complaint due to non-disbursement of the promised matured amount and, therefore, the OPs are liable to pay the cost of litigation cost.
In the result, the petition of complaint succeeds.
Hence,
ordered
That CC/386/2017 is allowed ex-parte in part with cost.
The opposite parties are directed to refund Rs.20,000/- in favour of the Complainant within one month from the date of communication of this order.
The opposite parties are further directed to pay Rs.5,000/- towards compensation and Rs.5,000/- towards litigation cost within above mentioned period, failing which entire amount will carry interest @ 10% p.a. for the default period.
