Order No.  6  dt.  28/02/2020

        The case of the complainant in brief is that the complainant jointly with her husband who died subsequently, submitted an application  for allotment of proportionate undivided share of land with it’s  development as per application dt 15.06.2013 before M/s Alchemist Township India  Ltd to acquire plot/ villa/ apartment in the housing project  of the op-company at Park Avenue, Talwandi Bhai, Dist- Firozpur , Punjab. The op in turn issued a letter of assurance under allotment no RE03717565 dt 06.07.2013   wherein it had been assured that the invested amount would not be less than Rs 2,40,000/-on or before  15.06.2016 in the event of not accepting the allotment offered to the investor. Complainant has tried to deposit the certificate of assurance well in advance i.e. before 15.06.2016 but the local Kolkata office remained closed. Thereafter complainant issued a letter claiming the said amount of Rs2,40,000/- with interest on 21.08.2019. 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 Rs2,40,000/- with compensation  of Rs50,000/-for harassment and mental agony and with  litigation cost.

          PR & TR show that notice had been served upon op-1 but it could not be served upon the op-2. Op-2 was 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 and as such, the case had been proceeded ex parte 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 photocopies 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 application  for allotment of proportionate undivided share of land with it’s  development as per application dt 15.06.2013 before M/s Alchemist Township India  Ltd, to  acquire plot/ villa/ apartment in the housing project  of the op-company at Park Avenue, Talwandi Bhai, Dist- Firozpur , Punjab. The op in turn issued  a  letter of assurance under allotment no RE03717565 dt 06.07.2013  wherein it had been assured that the invested amount would not be less than Rs 2,400,000/-on or before  15.06.2016 in the event of not accepting the allotment offered to the investor. Complainant has tried to deposit the certificate of assurance well in advance i.e. before 15.06.2016 but the local Kolkata office remained closed. Thereafter complainant issued a letter claiming the said amount of Rs 2,40,000/- with interest on 21.08.2019. 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.p. in spite of repeated attempts by the complainant. On the basis of the said evidences on record and since the complainant has suffered due to nonpayment of the assured amount within the period of the relevant financial year ,  therefore, we hold that there is deficiency in service on the part of the o.ps 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 complainant will be entitled to get compensation and litigation cost.

            Hence, it is ordered.

          That the case no. 345/2019 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.2,40,000/-(Rupees Three Lakh ) only to the complainant along with compensation of Rs.40,000/- (Rupees Forty 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.