Date of filing : 20.07.2018
Date of Judgement: 06.11.2019
Mrs. Balaka Chatterjee, Hon,ble Member
This petition of complaint is filed under Section 12 of the Consumer Protection Act, 1086 by Bir Singh 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. 30,000/- with the OP No.1 through the OP No.2 as Fixed deposit and the OP No.2 handed over a certificate being no. TA01431039 bearing Consumer ID No.TCC0230953 dt. 20.07.2013 to the complainant. The complainant has stated that he by a letter dt. 21.05.2018 requested the OP No.1 to treat his certificate as surrendered and to disburse the maturity amount 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. 60,000/-, to pay Rs. 20,000/- towards compensation and litigation cost of Rs. 20,000/-.
The complainant annexed some documents including photocopy of payment receipt, photocopy of certificate, Track report letter dated 21.05.2018.
Notices were served but OP No-2 did not turn up so the case proceeded exparte against OP No. 2 vide order dt. 02.11.2018.
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.
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 prayed for treating the Petition of complaint as Evidence. Prayer was allowed. OP No. 1 filed questionnaire and the complainant filed reply. Similarly OP No. 1 also prayed for treating his Written Version as Evidence and the prayer was allowed. However, no questionnaire was filed by the complaint against that evidence of OP.
Ld. Advocate for the complainant filed written notes of argument.
Points for determination :
- Whether the case is maintainable.
- Whether there is deficiency on the part of the OP.
- Whether the OP is entitled to the relief as prayed for.
Decision with reasons :
Point No. 1
The OP No.1 has claimed that the instant case is not maintainable before the Forum on the ground that the complainant is not a consumer as per provision of the Consumer Protection Act because he has made an investment with regard to a plot of land as mentioned in the certificate of property. It appears from the certificate of property that the complainant has deposited some amount with the OPs for availing a plot/ villa/apartment in the housing project launched by the OP at Park Avenue ‘Talwandi Bhai’, Zeera , Dist –Firozpur and in case of non-acceptance would refund the deposited amount value of which shall not be less than Rs. 60,000/-. In the instant case housing construction service in respect of Villa/apartment is involved and the complainant agreed to avail the said service from OP thus the complainant became consumer under the OP in respect of the said service. and, therefore, the instant case is maintainable before this Forum.
Point No.1 is decided accordingly.
Point No.2 & 3 - Both points are taken up for comprehensive discussion and decision.
The complainants claimed to have deposited Rs. 30,000/- with the OPs in a fixed deposit scheme for four years nine months.
In support of such contention the complainant filed a Certificate being No. TA01431039 bearing consumer ID No. TCC0230953 issued by the OPs in favour of the complainant. On perusal of the said certificate it appears that in response to an application dt. 06.07.2013 issued from the end of the complainant 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 which would not be less than Rs. 60,000/-. It is claimed by the complainant that the said deposit was made only for four years nine months i.e. from 06.07.2013 to 01.05.2018. The certificate annexed by the complainant also supports such contention.
However, after expiry of said period of four years nine months the OPs neither delivered possession of the plot/villa/apartment to the complainant at any of their Housing Projects nor did refund the maturity 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 he has filed no claim before any Commission/Other Court/Forum and , therefore, in our view the complainant is entitled to get the relief as to prayer for refund of deposited amount.
Regarding prayer for interest compensation and litigation cost, 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. 21.05.2018 claiming disbursement of matured amount but the said letter was returned to the complainant with postal remark : “Addressee left”. However 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/438/2018 is allowed on contest against OP No.1 and exparte against OP No.2. The OPs are directed to refund Rs. 60,000/- to the complainant namely Bir Singh within two months from the date of this order subject to handover of certificates being Nos. TA01431039 bearing Customer ID No. TCC0230953 to 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.
