Order No. 6 dt. 01/11/2019
The case of the complainant in brief is that the complainant made two applications on different dates in the year 2014 with M/s Alchemist Township India Ltd expressing interest to acquire plot/villa/apartment in the housing project at Park Avenue, Talwandi Bhai , Tehsil – Zeera, Dist- Firozpur, Punjab. Accordingly two certificates of property with different dates of maturities had been issued by the o.p. in favour of the complainants, which are depicted in the following table.
Certificate No. | Date of Deposit | Maturity Amount | Date of Maturity |
1 | 2 | 3 | 4 |
TA01526688 | 04.01.2014 | 2,00,000/- | 04.01.2017 |
TA05233753 | 06.02.2014 | 1,00,000/- | 06.02.2017 |
In the event of non-allotment of plot/villa/ apartment the customer was entitled to get an amount of Rs3,00,000/-together with compensation depending upon the appreciation of the real estate value of the properties in each case.
Complainant also invested in a fixed deposits with M/s. Alchemist Infra Realty Ltd., a sister concern of M/s. Alchemist Township India Ltd. for 36 months periods, the maturity of which ended on 04.04.2016.The maturity value of the fixed deposits/debentures is Rs1,00,000/-& the description of the certificate is noted below.
Certificate No. | Date of Deposit | Period (In months) | Maturity Amount | Date of Maturity |
1 | 2 | 3 | 4 | 5 |
RX000408 | 04.04.2013 | 36 | 1,00,000/- | 04.04.2016 |
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After expiry of the periods in each case complainant repeatedly requested the o.p. for payment of the appreciated amount by issuing letters but o.p. did not respond to the demand of the complainant. Finding no other alternative complainant filed this case praying for direction upon the o.p for payment of Rs 4,00,000/-being the matured value of the assured certificates along with with interest of Rs52,000/-& compensation of Rs. 50,000/- for harassment and mental agony.
PRs & TRs show that notices have been served upon all the ops. In spite of getting notices the o.p.s did not contest this case by filing w/v . As such, the case has been proceeded ex parte against o.ps.
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 their claim including the photocopies of certificates issued by op against deposits. 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 as noted herein above we find that the complainant invested different amounts the matured value of which would be Rs.4,00,000/-in total after due date of maturity in each case. It is also evident that complainant made the applications on different dates with M/s Alchemist Township India Ltd expressing interest to acquire plot/villa/apartment in the housing project at Park Avenue, Talwandi Bhai , Tehsil – Zeera, Dist- Firozpur, Punjab and the ops issued certificate of property or certificates of assurance against each applications. 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, it is ordered
That the case no.202/2019 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.4,00,000/-(Rupee Four Lakh) only to the complainants along with compensation of Rs.60,000/- (Rupees Sixty Thousand) only for harassment and mental agony and litigation cost of Rs.2,000/-( Rupees Two 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.
