Judgment : Dt.17.1.2018

Shri S. K. Verma, President

            This is a complaint made by one Haridas Roy, 28/1, Jayshree Park, Shibarampur, P.S.-Sarsuna, Kolkata-700 061 against The Director, Alchemist Township India Ltd., Building No.23, Nehru Place, near Allahabad Bank, New Delhi-110 019, OP No.1 and The Branch Manager, Alchemist Township India Ltd., 145A, Diamond Harbour Road, 2^nd floor, P.S.-Thakurpukur, Kolkata-700 008 praying for a direction upon the O.P. to refund maturity value of Rs.80,000/- and also a direction to pay compensation of Rs.10,000/- and litigation cost of Rs.5,000/-.

            Facts in brief are that OP No.1 is engaged in business for marketing Real Estate and OP No.2 is branch office of OP No.1. Complainant deposited a sum of Rs.40,000/- to OP No.1 through OP No.2 by cash on 4.9.2013 as FIXED deposit for a period of 35 months and assured to return sum of Rs.80,000/- on maturity. In an around 3^rd week of September, 2013, OP No.2 handed over a certificate bearing No.TA01474722 having customer ID No.TCC0893831 dt.18.9.2013. Complainant send the certificate dt.18.9.2013 vide letter dt.4.8.2017 with request to treat the certificate as surrender and to return matured amount of FDR Rs.80,000/- but OPs did not take any step. So, Complainant filed this case.

            OP No.1 did not appear to contest the case so the case is heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            In this regard, Annexure ‘A’ is the copy of a letter written to Complainant by one of the Directors  of OP, which reveals that the application of Complainant was accepted and OPs agreed to give Rs.80,000/- to the Complainant. Further, annexure ‘B’ is a copy of letter written by Complainant to the OP. So, it appears that OP received Rs.40,000/- and undertook to pay Rs.80,000/-. As such, since the allegations remained unrebutted and unchallenged, OPs are bound to pay Rs.80,000/- to Complainant.

           We are not awarding any compensation and litigation cost because of the fact that Complainant paid Rs.40,000/- knowingly well that Complainant would be getting Rs.80,000/- after lapse of 35 months only, which appears to be beyond stretch of imagination of any person at that time.

Hence,

ordered

           CC/520/2017 and the same is allowed ex-parte in part. OPs are directed to pay Rs.80,000/- to the Complainant within two months of this order, in default the amount shall carry interest @ 10% p.a. from the date of order till realization.