Order No.  7  dt.  11/12/2019

            The case of the complainant in brief is that the complainant submitted an application  for allotment of proportionate undivided share of land with it’s  development as per application dt 19.03.2014 before M/s Alchemist Township India  Ltd, to  acquire  villa/ apartment in the housing project  of the op-company at Riviera Heights, Chandigrah, Ambala Highway, Dappar, Punjab. The op in turn issued  a  letter of assurance under allotment no TB00519999 dt 30.06.2016   wherein it had been assured that the invested amount would not be less than Rs 1,28,750/-after  09.12.2018 in the event of not accepting the allotment offered to the investor. Complainant has tried to deposit the certificate of assurance well in advance but the local Kolkata office remained closed. Thereafter complainant issued a letter claiming the said amount of R1,28,750/- with interest on 04.06.2019. But the company did not respond to the prayer of the complainant.  Finding no other alternative complainant filed this case  praying for  direction upon the o.ps for payment of the money of Rs1,28,750/- with compensation  of Rs10,000/-for harassment and mental agony and with  litigation cost.

            PR & TR shows that notice could not have been served upon the ops.  Op-1 & Op-2  were serviced  through publication of notice in the daily newspaper, the Ajkal Patrika. But the o.ps did not contest this case by filing w/v. As such, the case has been proceeded exparte against the o.p-1 & op-2.

            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 assurance of property 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 submitted an allotment of proportionate undivided share of land with it’s  development as per application dt 19.03.2014 before M/s Alchemist Township India  Ltd, to  acquire  villa/ apartment in the housing project  of the op-company at Riviera Heights, Chandigrah, Ambala Highway, Dappar, Punjab. The op in turn issued  a  letter of assurance under allotment no TB00519999 dt 30.06.2016   wherein it had been assured that the invested amount would not be less than Rs 1,28,750/-after  09.12.2018 in the event of not accepting the allotment offered to the investor. Complainant has tried to deposit the certificate of assurance well in advance but the local Kolkata office remained closed. Thereafter complainant issued a letter claiming the said amount of Rs.1,28,750/- with interest on 04.06.2019.

But the company did not respond to the prayer of the complainant.  Finding no other alternative complainant filed this case. Even after of expiry of the said time period  the assured amount had not been paid by the o.ps. in spite of repeated attempts by the complainant. On the basis of the said evidences on record and since no challenge has been made by o.ps. 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. 204/2019 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. 1,28,750/- (Rupees One lakh Twenty Eight Thousand Seven hundred Fifty ) only to the complainant along with compensation of Rs.4,000/- (Rupees Four Thousand) only for harassment and mental agony and litigation cost of Rs.4,000/- (Rupees Four Thousand) 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.