Order No.  8  dt.  22/11/2019

          The case of the complainant in brief is that the complainant deposited Rs1,28,000/- on 10.08.2016 & Rs1,50,000/- on12.09.2016 and those deposits were accepted by M/s Alchemist Township India  Ltd as fixed deposits for 30 months period against receipts on the same date on approving the applications no TB00545258 & TB00553276 of the complainant by the op-company. After maturity complainant has tried to get back the amount well in advance with matured value but the local Kolkata office remained closed. Thereafter complainant issued a letter claiming the said amount Rs2,78.000/- with matured value amounting to Rs 3,57,925/- on 03.05.2019. 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 mature amount with compensation Rs50,000/- for harassment and mental agony and with litigation cost.

          PR & TR shows that notice had been served upon the op-1. Op-2 was serviced  through publication of notices in the daily newspaper. But they 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 photocopies receipt of payment issued by the o.p. company. Due to unchallenged testimony of the complaint there is little 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 deposited Rs1,28,000/- on 10.08.2016 & Rs1,50,000/- on12.09.2016. It is also evident that those deposits were accepted by M/s Alchemist Township India  Ltd as fixed deposits for 30 months period against receipts on the same date on approving the applications no TB00545258 & TB00553276 of the complainant by the op-company. On 03/05/2019 complainant issued letter to the o.ps. seeking payment of the money on maturity.  Even after of expiry of the said time period of 30 months 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 have 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.

           In view of the above position we have arrived to the conclusion that there was deficiency in service on the part of the o.ps. Therefore, complainant is entitled to get relief.  The case is  thus, disposed of.

Hence, it is ordered.

          that the case no. 169/2019 is allowed ex-parte with cost against the o.p-1 & op-2. The o.ps are, jointly and/ or severally, directed to pay a sum of Rs.2,78,000/-(Rupees Two lakh Seventy Eight  thousand) only to the complainant along with compensation of Rs.35,000/- (Rupees Thirty  Five 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.