​Order No.  7  dt.  25/06/2019

              The case of the complainant in brief is that the complainant invested an amount of Rs.50,000/-as application money for allotment of proportionate undivided share of land and  development charges as per application dt 24.07.2009 with M/s Alchemist Township India  Ltd, to  acquire plot/ villa/ apartment in the housing project of the op. The op in turn issued  a certificate of property under allotment no AIRL /RCC0006451dt 31.08.2009 wherein it had been assured that the invested amount of Rs50,000/-would not be less than Rs 1,00,000/-after 24.07.2015 in the event of not accepting the allotment offered to the investor. Complainant deposited the certificate well in advance to the agent of the op. The company accepted the demand of the complainant and  issued cheque Rs.1,04,000/- of Punjab National Bank, Chandigarh  in favour of sri Sujoy Jana through Cheque no- 376013 dt 24.07.2015 amounting to Rs1,04,000/- for payment to the complainant who in turn deposited the cheque in S.B.I. Budge Budge  branch (Bank Code)-02152. But the Bank authority dishonoured the cheque with the remarks exceeds arrangement. Complainant thereafter caused to issue notices on 24.03.2017 & 17.12.2018 asking payment of Rs1,04,000/- with interest but such attempt had also been proved to be a fruitless effort. Finding no other alternative complainant filed this case praying for direction upon the o.ps for payment of the money of Rs.1,04,000/- with compensation of Rs.10,000/- for harassment and mental agony.

            PR & TR as well as paper cutting show that notice had been served upon the ops through publication of notices in the daily newspaper but they did not contest this case by filing w/v and as such, the case had been proceeded exparte against the o.p-1,op-2 & op-3.

            In order to prove the case the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of his claim including the photocopy of certificate of property, cheque no 376013 dt 24.07.2015  issued by the o.p. Due to unchallenged testimony of the complaint there is no scope to disbelieve the submission of the complainant and therefore it should be accepted and necessary order is to be passed accordingly.

            Considering the submissions of the complainant and on perusal of the materials on record we find that complainant  invested an amount of Rs.50,000/-as application money for allotment of proportionate undivided share of land and  development charges as per application dt 24.07.2009 with M/s Alchemist Township India  Ltd, to  acquire plot/ villa/ apartment in the housing project of the op at Park Avenue,Talwandi, Dist Firozepur, Punjab. The op in turn issued  a certificate of property under allotment no AIRL /RCC0006451dt 31.08.2009 wherein it had been assured that the invested amount of Rs50,000/-would not be less than Rs 1,04,000/-after 24.07.2015 ie, approximately 6 years, in the event of not accepting the allotment offered to the investor. Complainant deposited the certificate well in advance to the agent of the op. The company accepted the demand of the complainant and  issued cheque Rs.1,04,000/- of Punjab National Bank, Chandigarh  in favour of sri Sujoy Jana through Cheque no- 376013 dt 24.07.2015 amounting to Rs1,04,000/- for payment to the complainant who in turn deposited the cheque in S.B.I. Budge Budge  branch (Bank Code)-02152. But the Bank authority dishonoured the cheque with the remarks “Exceeds arrangement”. Complainant thereafter caused to issue notices on 24.03.2017 & 17.12.2018 asking payment  of Rs1,04,000/- with interest but such attempt had also been proved to be a fruitless effort. Finding no other alternative complainant filed this case  praying for  direction upon the o.ps for payment of the money of Rs.1,04,000/- with compensation of Rs.10,000/- for harassment and mental agony. Even after of expiry of the said time period the assured amount had not been paid by the o.p. in spite of repeated request by the complainant. Thus there was deficiency in service on the part of the o.ps. On the basis of the said evidences on record and since no challenge has been made by o.p. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant. 

                Thus the case is disposed of accordingly.

                Hence, ordered.

                That the case no. 30/2019 is allowed ex-parte with cost against the o.ps. The o.ps are jointly and/ or severally directed to pay a sum of Rs.1,04,000/-(Rupees One Lakh and Four Thousand Only) only to the complainant along with compensation of Rs.8,000/- (Rupees Eight Thousand) only for harassment and mental agony and litigation cost of Rs.4,000/- (Rupees Four Thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.