Date of filing : 16.04.2018
Date of Judgement: 31.10.2019
Mrs. Balaka Chatterjee, Hon,ble Member
This petition of complaint is filed under Section 12 of the Consumer Protection Act, 1086 by Archana Roy alleging deficiency in service on the part of the Opposite Parties ( referred as to OP hereinafter (1) The Director, Alchemist Township India Lt d. (2) The Branch Manager, Alchemist Township India Ltd).
Case of the complainant in brief is that the complainant being satisfied with the goodwill of OP No. 1 who used to run business of Marketing Real Estate deposited an amount of Rs. 1,50,000/- with the OP No.1 through the OP No.2 as Fixed deposit and the OP No.2 handed over a certificate being no. TA03007281 bearing Consumer ID No.TYY0029054 dt. 18.02.2014 to the complainant and verbally assured to pay interest @12% p.a. which was paid for 12 months out of 36 months through inter office payment advise. The complainant has stated that she by a letter dt. 09.03.2018 requested the OP No.1 to treat her certificate as surrendered and to disburse the deposited amount along with due interest but inspite of receiving said letter the OP No.1 remained silent and, therefore the complainant had forwarded said letter to the OP No.2 and that too was returned to the complainant bearing postal remark “Addressee Left” and finding no other alternative way the complaint by filing the instant consumer complaint prayed for direction upon the OPs to refund Rs. 1,50,000/-, to pay Rs. 36,000/- towards interest, Rs. 30,000/- towards compensation and litigation cost of Rs. 20,000/-.
The complainant annexed photocopy of payment receipt. Photocopy of certificate, payment advice dt.28.01.2016. Track report letter dated 09.03.2018.
The OP No.1 contested the case by filing written version denying and disputing all the allegations made out in the petition of complaint stating inter alia that the instant consumer complaint has been filed in respect of a dispute relating to a property and/or investment made in respect of the same which tantamount to ‘suit for land’ and/or ‘investment’ . Hence this case is not maintainable before this Forum and no promise has been made on the part of the OPs regarding payment of interest @ 12% p.a.
The OP No.1 has further stated that the complainant did not take any step to intimate the OP No.1 regarding claiming disbursement of deposited amount.
The complainant adduced evidence on affidavit in respect of which the OP No.1 filed questionnaire as to cross examination but the complainant did not file reply. No evidence was adduced on behalf of the OP No.1.
Ld. Advocate for the complainant filed written notes of argument.
The OP No.1 by filing a petition challenged maintainability of this consumer complaint. This Forum vide order dt. 10.03.2018 held the case maintainable and, therefore, there is no scope to discuss the said point again.
Points for determination :
- Whether there is deficiency on the part of the OP.
- Whether the complainant is entitled to the relief as prayed for.
Decision with reasons :
Point No.1 & 2 - Both points are taken up for comprehensive discussion and decision.
The complainants claimed to have deposited Rs. 1,50,000/- with the OPs in a MIS fixed deposit scheme for three years.
In support of such contention the complainants filed a Certificate being No. TA03007281 bearing consumer ID No. TYY0029054 issued by the OPs in favour of the complainant. On perusal of the said certificate it appears that in response to an application dt. 28.01.2014 issued from the end of the complainants for acquiring a plot /villa/Apartment in the Housing Project of OP situated at Park Avenue, Talwandi Bhai, Tehsil – Zeera, Dist – Firozpur, Punjab the OPs accepted the proposal of the complainant and agreed to offer Plot/Villa/Apartment to the complainant. It further appears from the said certificate that the OPs were agreeable to allot plot /villa/Apartment to the complainant at other project in case of non –delivery of possession of the plot/villa/apartment in the Housing Project launched by the OPs at Park avenue Talwandi Bhai, Tehsil – Zeera, Dist Firozpur and in case of non-accepting said plot/villa/apartment by the complainant the OPs would refund the deposited amount along with compensation assessed by them after deducting applicable tax and administrative cost. It appears from money receipt filed by the complainant that she deposited Rs. 1,50,000/- to the OP on 28.01.2014. It is claimed by the complainant that the said deposit was made only for three years and maturity i.e. from 28.01.2014 to 28.01.2017. The certificate annexed by the complainant also supports such contention.
However, after expiry of said period of three years the OPs neither delivered possession of the plot/villa/apartment to the complainant at any of their Housing Projects nor did refund the amount. In our opinion such inaction on the part of the OPs amounts to deficiency in service. Furthermore, the complainant by filing an affidavit have stated that she has filed no claim before any Commission/Other Court/Forum and , therefore, the complainant is entitled to get the relief as to prayer for refund of deposited amount.
Regarding prayer for interest compensation and litigation cos, on perusal of documents on record it is found that the complainant claimed to have submitted the certificate to the Branch Office of OP by sending a letter dt. 09.03.2018 and claiming disbursement of deposited amount but the said letter was returned to the complainant with post al remark : “Addressee left” and, further, the complainant has stated that she received interest amount for 12 months out of 36 months. On perusal of certificate dt. 18.02.2015 we do not find any such clause where OP was agreeable to pay interest on monthly basis and no returned envelope has been filed by the complainant to substantiate that the letter has been sent. Under such state of affairs we are not inclined to allow prayer for interest, compensation and litigation cost.
Point Nos 1 & 2 is decided accordingly.
In the result, the instant consumer complaint succeeds in part.
Hence,
Ordered
That CC/196/2018 is allowed on contest against OP No.1 and exparte against OP No.2. The OPs are directed to refund Rs. 1,50,000/- to the complainant within two months from the date of this order subject to handover of certificates being Nos. TA03007281 bearing Customer ID No. TYY0029054to the Opposite Parties . If the Opposite Parties fail to pay the amount within abovementioned period the Opposite Parties shall have to pay interest @ 9% p.a. till realisation.
