Order No. 11 dt. 24/02/2020
The case of the complainant in brief is that the complainant submitted four applications for allotment of proportionate undivided share of land with it’s development 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 four letter of assurances under allotment nos. TA01265474 dt 07/12/2013, TA02527992 dt. 05/11/2014, ta02712126 dt. 09/03/2015 & TA01265473 dt. 19.02.2014 wherein it had been assured that the invested amount would not be less than Rs 8,50,000/- in total ( @ Rs 1.5 lakh, Rs.2 Lakh, Rs. 2 Lakh and Rs.3 Lakh on maturity)-on or before 16/11/2013, 15/10/2017, 16/02/2018 and 29/01/2017 respectively in the event of not accepting the allotment offered to the investor. Complainant has tried to deposit the certificates of assurance well in advance i.e. before maturity but the local Kolkata office remained closed. Thereafter complainant issued a letter claiming the said amount of Rs8.5 Lakh with interest. 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 Rs8.5 Lakh with compensation of Rs.80,000/- for harassment and mental agony and with litigation cost.
PR & TR show that notice has been served upon op-1. But it could not have been served upon op-2 . Therefore, notices were serviced through publication of notices in the daily newspaper, the Ajkal Patrika. Op-1 contested the case by submitting wv. But other 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-2 .
O.ps no.1 contested the case by filing w/v and denied all the material allegations of the complainant. It was categorically stated that this case cannot be entertained by this forum as its place of business is outside South 24 parganas.. Again, the dispute is solely related to property of land which can not be entertained by this forum under cp Act. The case is totally misconceived one, groundless and unsustainable. Thus, case is frivolous one. In view of such fact the o.p-1 has categorically stated that the case filed by the complainant is not maintainable and as such, the o.p. prays for dismissal of the case.
On the basis of the pleadings of the respective parties the following points are to be decided :-
- Whether this Forum has the jurisdiction to entertain this case?
- Where there is/was any deficiency in service on the part of the o.p.?
- Whether complainant is entitled to get any relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant argued that the complainant submitted four applications for allotment of proportionate undivided share of land with it’s development 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 four letter of assurances under allotment nos. TA01265474 dt 07/12/2013, TA02527992 dt. 05/11/2014, ta02712126 dt. 09/03/2015 & TA01265473 dt. 19.02.2014 wherein it had been assured that the invested amount would not be less than Rs 8,50,000/- in total ( @ Rs 1.5 lakh, Rs.2 Lakh, Rs. 2 Lakh and Rs.3 Lakh on maturity)-on or before 16/11/2013, 15/10/2017, 16/02/2018 and 29/01/2017 respectively in the event of not accepting the allotment offered to the investor. Complainant has tried to deposit the certificates of assurance well in advance i.e. before maturity but the local Kolkata office remained closed. Thereafter complainant issued a letter claiming the said amount of Rs8.5 Lakh with interest. 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 Rs8.5 Lakh with compensation of Rs.80,000/- for harassment and mental agony and with litigation cost.
The Lawyer of the o.ps argued that this case cannot be entertained by this forum as its place of business is outside South 24 parganas. Again, the dispute is solely related to property of land which cannot be entertained by the forum under C.P. Act.. The case is totally misconceived one , groundless and unsustainable. The case is frivolous one. In view of such fact the o.p-1 has categorically stated that the case filed by the complainant is not maintainable and as such, the o.p. prays for dismissal of the case.
Considering the submissions of the complainant and on perusal of the materials on record we find that complainant submitted two applications for allotment of proportionate undivided share of land with it’s development as per application dt 15.12.15 & dt 16.03.2016 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 two letter of assurances under allotment no TA02207646 dt15.122015 & TB00072147 dt 18.04.2016 wherein it had been assured that the invested amount would not be less than Rs 10,00,000/ in total ( @ Rs 5lakh in each case on maturity)-on or before 20.05.2018 in the event of not accepting the allotment offered to the investor. Complainant has tried to deposit the certificates of assurance well in advance i.e. before maturity but the local Kolkata office remained closed. Thereafter complainant issued a letter claiming the said amount of Rs10,00,000/- with interest on 03.05.2019. But the company did not respond to the prayer of the complainant. 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 to get back the entitled amount. Op-company failed to pay the assured amount in time. Again, the case is well within the jurisdiction of this Forum in all respect and therefore, arguments of the Ld. Lawyer in this respect will not stand at all.
With the above points in view 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 the complainant will be entitled to get compensation and litigation cost. Thus, the case is disposed of accordingly.
Hence, it is ordered.
that the case no. 173/2019 is allowed on contest with cost against op-1 & ex-parte against other o.ps. The o.ps are, jointly and/ or severally, directed to pay a sum of Rs.8,50,000/-(Rupees Eight Lakh Fifty Thousand) only to the complainant along with compensation of Rs 50,,000/- (Rupees Fifty 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.
