CC/384/2017
Judgment : Dt.15.12.2017
Shri S. K. Verma, President
This is a complaint made by one Sandip Dutta, 9/1, Dwijen Mukherjee Road, Parnasree, P.S.-Parnasree, Kolkata-700 060 against The Director, Alchemist Infra Reality Ltd., Unit No.GF-18, Ground Floor, Omaxe Square, Jasola District Centre, South Delhi-110 025, OP No.1 and The Branch Manager, Alchemist Infra Realty Ltd., 145A, Diamond Harbour Road, 2nd floor, P.S.-Thakurpukur, Kolkata-700 008, OP No.2 praying for a direction upon the O.P. to refund the maturity amount of Rs.30,000/- and a direction to pay compensation of Rs.20,000/- and litigation cost of Rs.10,000/-.
Facts in brief are that OP No.1 runs business for marketing real estate and other similar type of products. OP No.2 is a branch office of the OP No.1. Having been satisfied with the goodwill of the OP No.1, Complainant deposited a sum of Rs.30,000/- to OP No.1 by cash as MIS deposit for a period of 36 months. In and around February, 2011, OP No.2 handed over to the Complainant a certificate No.AIRL/RX00016323 dt.29.12.2011 and assured to pay an interest of 12% p.a. i.e. Rs.300/- p.m. up to the maturity date. Thereafter in the last week of December, 2014 Complainant approached OP No.2 for surrendering the original certificate No.AIRL/RC00477467 dt.14.12.2010 for receiving return of maturity value of certificate. After receiving the original certificate the OP No.2 handed over a cheque amounting to Rs.30,000/- drawn on Punjab National Bank. Complainant submitted the aforesaid cheque in bank for encashment. But the cheque was returned with the endorsement – no balance in the account. Complainant informed this to OP No.2 who informed Complainant that the matter would be resolved soon. But, nothing was done. So, Complainant filed this case.
OP No.1 did not contest the case by filing written version and so the case is heard ex-parte.
Decision with reasons
Complainant filed affidavit-in-chief where he has reiterated the facts mentioned in the complaint petition.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
In this regard, on perusal of the copy of the certificate, it appears that OP has issued a certificate that Rs.30,000/- was to be paid. Further, it appears that a cheque which is annexure B was handed over to the Complainant amounting to Rs.30,000/-. But the said cheque could not be encashed. However, Complainant has not furnished return memo and also not furnished the original paper.
Since the allegation of complaint remained unrebutted and unchallenged, the Complainant is entitled to the reliefs.
Hence ordered
CC/384/2017 and the same is allowed in part ex-parte. OPs are directed to refund Rs.30,000/- to the Complainant within two months of this order, in default the amount shall carry interest @ 10% p.a. from the date of this order till realization, provided the return memo is filed.
