Date of filing : 27.6.2019
Date of Judgment : 18.11.2021
Mr. Ayan Sinha, Hon’ble Member
This petition of Complainant is filed under Section 12 of C.P.Act, 1986 made by Dipali Misra, 6A, Gopal Lal Tagore Road, Baranagar, Kolkata-700036, alleging deficiency in service on the part of the OPs (Referred as OP hereinafter) (1) The Director, Alchemist Township India Ltd. and (2) The Branch Manager, Alchemist Township India Ltd.
Case of the Complainant in brief is that the Complainant being satisfied with the goodwill of the OP No.1 who runs business for marketing real estate, deposited an amount of Rs.2,00,000/- by cash on 24.6.2013 with the OP No.1 through the OP No.2 in a fixed deposit scheme for the period of 49 months i.e. from 24.6.2013 to 24.7.2017 and received an assurance to get Rs.4,00,000/- on maturity against which a certificate bearing No.TA01094344 was issued by the OP in favour of the Complainant for deposit of the said amount. The Complainant has further stated that she wanted to surrender the aforesaid certificate No.TA01094344 for returning the maturity value and so wrote a letter to OP No.1 & 2 on 10.12.2018 annexing copy of the said certificate requesting to treat the certificate surrendered and refund the maturity value of the certificate. But the OPs paid no heed to the request and so, finding no other way the Complainant by filing the instant petition has prayed for direction upon the OPs to refund the maturity amount of Rs.4,00,000/- along with compensation of Rs.50,000/- and litigation cost of Rs.10,000/-.
The Complainant has annexed the copy of certificate of property bearing No.TA01094344 issued by the OP and also copy of letter issued to the OP by the end Complainant claiming for the refund which is also supported by postal receipts and track report mentioning that the letters were sent to OP No.1 & 2 and as per the postal remarks related to service of letters it is “left “ for OP No.2 and for OP No.1, the same is received.
Notices were served upon the Ops. But the OPs did not contest this case by filing their written version and so the case proceeded ex-parte against both the OPs vide order No.5 dt.2.9.2019. In order to reiterate the case, Complainant has filed affidavit-in-chief. Complainant has also filed brief notes of argument along with original property certificate No.TA01094344.
Main points for determination:
- Whether there is deficiency in providing service on the part of the OPs.
- Whether the Complainant is entitled to the relief as prayed for.
Decision with reasons:
Point No.(i) and (ii) - Both the points are taken up together for comprehensive discussion and decision.
Complainant has claimed to have deposited Rs.2,00,000/- with the OPs in a fixed deposit scheme. In support of such contention, the Complainant filed copy of certificate of allotment bearing No.TA01094344 bearing Customer ID No.TC00103839 issued by the OPs in favour of the Complainant. On perusal of the said certificate of allotment, it appears that in response to an application dt.,24.6.2013 issued from the end of the Complainant for acquiring 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 a plot of land to the Complainant of other project in case of non-delivery of possession of the flat/villa/apartment, in the housing project, launched by the OPs at Park Avenue, Talwandi Bhai, Tehsil- Zeera, Dist.-Firozpur and in case of non acceptance of the said plot/villa/apartment by the Complainant, the OPs would refund the promised amount of Rs.4,00,000/- along with compensation assessed by them deducting the applicable tax and administrative cost. It is clearly stated in the certificate that the said deposit was made only for four years.
However, after expiry of the said certificate i.e. on 24.7.2017, OPs neither delivered possession of the plot/villa/apartment to the Complainant at any other housing project nor did they refund the maturity amount even after the Complainant sent a letter on 10.12.2018 claiming for the refund of her maturity amount.
In our opinion such inaction on the part of the OPs amount to deficiency in service and therefore the Complainant is entitled to get the relief as prayed for refund of maturity amount of Rs.4,00,000/-. Complainant has also claimed for Rs.50,000/- as compensation and Rs.10,000/- as litigation cost which in our view is exaggerated. Regarding compensation and litigation cost, we are of the opinion that the Complainant by sending letter requested the OPs to refund the maturity amount after the maturity date but the OPs paid no heed to that request which causes harassment to the Complainant and compelled the Complainant to file this case and therefore the Complainant is entitled to get compensation and litigation cost also. However in our view it will be justified, if we allow an amount of Rs. 20,000/- as compensation and litigation of Rs. 5000/-.
Point No.(i) and (ii) are decided accordingly.
In the result, the instant consumer complaint succeeds in part.
Hence
ordered
CC/316/2019 and the same is allowed ex-parte against OP No.1 & 2.The OPs are directed to refund Rs.4,00,000/- in favour of the Complainant within two months from the date of this order subject to handing over of original certificate being No.TA01094344 to the OPs. The OPs are further directed to pay Rs.20,000/- towards compensation and Rs.5,000/- towards litigation cost. If the OPs fail to pay the same within the aforesaid period of two months, OPs shall have to pay interest @ 9% from the date of this order till realisation of the entire decreetal amount.
