Order No.  7  dt.  23/10/2019

           The case of the complainant in brief is that the complainant made seven 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 seven 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.

          In the event of non-allotment of plot/villa/ apartment the customer was entitled to get an amount of Rs14,00,000/-together with compensation depending upon the appreciation of the real estate value of the properties in each case.  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 14,00,000/-being the matured value of the assurance certificates and with compensation of Rs. 1,00,000/- and litigation cost, if it is considered.

          PRs & TRs show that notices could not have been served upon all the ops. Therefore, complainant issued notice in the daily newspaper, Ajkal Patrika  In spite of communicating the notice through different means  o.p.s did not contest this case by filing w/v . As such, the case has been proceeded exparte 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 we find that the complainant invested different amount the matured value of which would be Rs.14,00,000/-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 certificates against each applications.

               After expiry of the said date the complainant repeatedly requested the o.p.s for payment of the said amount by issuing letters but o.p. did not respond to the demand of the complainant.

           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. 133/2019 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.14,00,000/-(Rupee Fourteen Lakh) only to the complainants along with compensation of Rs.70,000/- (Rupees Seventy 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.