West Bengal

Paschim Midnapore

CC/29/2017

Kanan Dutta - Complainant(s)

Versus

The Director, Alchemist Township India Ltd. - Opp.Party(s)

Subal Chakraborty

23 Jun 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.                             

Bibekananda Pramanik, President,

Pulak Kumar Singha, Member

And

Sagarika Sarkar, Member

    

Complaint Case No.29/2017

 

    Kanan Datta, W/o-Shankar Datta,

Habibpur, Midnapur Town, P.S.-Kotwali,

Dist-Paschim Medinipur…..….………Complainant

Versus

1. The Director, Alchemist Township (I) Ltd., Alchemist House, Building No.23, 411/412, Ansal Tower-38, Nehru Place, Kalkaji, New Delhi-110019;
2. B.M., Alchemist Township (I) Ltd., Sepoy Bazar,               Midnapore Town, P.S.-Kotwali, Dist-Paschim Medinipur;
3. R.M., Alchemist Township (I) Ltd., HM Building (4^th Floor), 15,Ganesh Ch. Avenue, P.S.-Bowbazar, Kolkata-700013 ………….Ops.

 

For the Complainant:  Mr. Subal Chakraborty, Advocate.

For the O.P.             :  xxxxxxxxxxx                     

                                                 Decided on: - 23/06/2017                             

                                                ORDER

            Pulak Kumar Singha, Member : 

 

            Complainant files this case u/s-12 of the Consumer Protection Act, 1986.

             In short the case of the complainant is that the complainant was invested a sum of  

Contd……………….P/2

( 2 )

Rs.2,00,000/- (Rupees two lakh) on 22/7/2013 with the O.P. No.1 through O.P. No.2 in MIS scheme vide customer I.D. No.TZZ0019706 through a receipt memo no.TAO1901657 dated 05/08/2013and its maturity date was on 06/10/2015. O.P. no.1 issued three monthly  payment advice of Rs.2,000/- each but said sum was not  paid due to lack of fund.  After maturity of said certificate, complainant deposited the original certificate and other required documents to O.P. No.2 in time but O.Ps. did not pay heed rather kept silence.  On 18/01/2017 complainant sent a legal notice to the O.Ps. for payment of maturity amount with interest but no reply has been reached from O.Ps. Finding no way complainant appeared before this Forum for getting relief.

             In spite received of notice none of the O.Ps. neither appeared nor  contested the case. So, the case is heard ex-parte against O.Ps.     

Points for decision :

1. Whether the complaint is maintainable ?
2. Whether complainant is entitled to get relief as prayed for ?

 

Decission with Reasons

             All the points are taken together for the sake of convenience and brevity and consideration we carefully perused the complaint and documents filed by the complainant.  It appears that on 22/7/2013 complainant had invested Rs.2,00,000/-(Rupees two lakh) only to O.P. no.1 through O.P. no.2 for purchasing a plot/villa/apartment and it appears from the letters of O.Ps.,  that if O.Ps. fails to delivered the plot/villa/apartment within two years two months then O.Ps. are liable to pay the entire deposited amount with  interest.  But after receiving the amount of rupees two lakhs from the complainant, O.Ps have issued a fixed deposit certificate which was matured on 06/10/2015 and before maturity O.Ps also issued three post dated payment vouchers of Rs.2,000/- each which were also not paid due to lack of fund.  After maturity of said fixed deposit complainant deposited the same to the O.Ps. but O.Ps. did not pay heed in respect of payment, there after complainant sent legal notice to the O.Ps. but no reply  as yet reached from the end of O.Ps.

             It revels from the document of O.Ps that O.Ps have declared through there agent that against fixed deposit money O.Ps. will give monthly interest till the date of maturity and after the date of maturity deposited amount will  refund. But from the letter dated 5/8/2013 of O.Ps it appears that O.Ps. had offered plot/vill/apartment against the deposited

Contd……………….P/3

 

( 3 )

amount of complainant but complainant by alluring the advertisement and big dialogue of assurance of the agent of O.Ps. complaint had  invested the money for getting monthly interest like as MIS scheme. Actually after collection of amount from general public like complainant O.Ps. have  invested the money otherwise and misappropriated the money by way of unfair trade practice.

            In view of the discussions here in before we think it is clear deficiency of service,  unfair trade practice for which the complainant has been suffering mental pain, agony and financial loss. The complaint case is maintainable and the  complainant is entitled to get relief as prayed for.

          Thus the complaint case succeeds.

                                      Hence, it is,

                                                    ORDERED,

                                      That the complaint case be and the same is allowed ex-parte with cost against O.Ps.  O.Ps are directed to pay jointly or severally Rs.2,00,000/-(Rupees two lacks) only with 8% interest from the date of deposit to the complainant within one month from the date of this order.

            O.Ps. are further directed to pay Rs.10,000/-(Rupees ten thousand) only as compensation for harassment, mental pain and monitory loss to the complainant within the stipulated period mentioned before.

Dictated and Corrected by me

        Sd/- P.K. Singha                       Sd/- S. Sarkar                Sd/-B. Pramanik.

               Member                                 Member                          President

                                                                                               District Forum

                                                                                            Paschim Medinipur