Date of filing : 16.04.2018
Date of Judgement: 26.07.2019
Hon’ble Mrs. Balaka Chatterjee, Member
This petition of complainant is filed under Section 12 of the Consumer Protection Act, 1986 by Moumeeta Maji alleging deficiency in service on the part of the Opposite Parties ( referred as 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 good will of OP No.1, who runs business for Marketing Real Estate deposited an amount of Rs.70,000/- to OP no.1 through OP No.2 as MIS fixed deposit for a period of 29months and the OP No.2 handed over a certificate being no.TA00315991 bearing Consumer ID No. TZ00001660 dated 08.07.2013 to the complainant and maturity date as mentioned therein was on 10.12.2015. The complainant has stated that she received monthly interest from the OP No.2 for 26 months out of 29 months through inter office payment advice. The complainant has further stated that she surrendered the said certificate to OP No.2 on 4.4.2016 for disbursement of maturity amount of Rs. 70,000/- and by a letter dated.15.6.2017 requested the OP No.1 for disbursement of the said amount of RS. 70,000/-but inspite of receiving said letter the OP No.1 did not take any step to refund the amount and therefore, the complainant sent the said letter to the OP No.2 but the letter returned to the complainant with postal endorsement ‘Item delivery attempted, Addressee Moved’ and finding no other way the complainant by filing the instant consumer complaint prayed for direction upon the OPs to disburse maturity amount of Rs. 70,000/-, to pay Rs. 2100/- towards interest, to pay compensation to the tune of Rs.20,000/- and Rs. 10,000/- towards cost of litigation.
The complainant annexed letter of Allotment dt. 8.7.2013 payment advice dt. 10.12.2015. Track report. Letter dt. 15.6.2017 issued by the complainant.
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 for claiming disbursement of deposited amount.
The complainant filed evidence in respect of which the OP No.1 filed questionnaire and the complainant filed reply. Similarly the OP No.1 filed evidence but the complainant did not file any questionnaire.
In course of argument Ld. Advocate for the complainant filed written notes of argument.
The OP did not take part in the 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 she 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 paid an amount of Rs. 70,000/- 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. 70,000/-. 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 she 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. 70,000/- with the OPs for availing a plot /villa /apartmentin the Housing Project launched by the OPs.
In support of such contention the complainants file a copy of Certificate of Allotment being No.TA00315991 bearing consumer ID No. TZ00001660 issued by the OPs in favour of the complainant No.1 the certificate holder. On perusal of the said certificate of Allotment it appears that in response to an application dt. 24.06.2013 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 complainants and agreed to offer Plot/Villa/Apartment to the complainants. It further appears from the said certificate that the OPs were agreeable to allot a plot /villa/Apartment to the complainants 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 is claimed by the complainant that the said deposit was made only for two years five monthsyears and maturity date of the said deposited amount was fixed on 10.12.2015. The certificate of allotment annexed by the complainant also supports such contention.
Date of maturity of the said certificate was on 10.12.2015 and after expiry of said maturity date the OPs neither delivered possession of the plot/villa/apartment to the complainants at any of their Housing Project nor did refund the amount. In our opinion such inaction on the part of the OPs amounts to deficiency in service. Furthermore, the complainants by filing an affidavit have stated that they have filed no claim before any Commission/Other Court/Forum and , therefore, the complainants are entitled to get the relief regarding prayer for refund of deposited amount.
Regarding prayer for compensation and litigation cost on perusal of documents on record it is found that the complainant submitted the certificate to the Branch Office of OP and the OP No.2 Branch Office received the same on 24..4.2016 by putting endorsement ‘maturity certificate’ ‘received’.
The complainant has stated that she received interest for 26 months out of 29 months. On perusal of certificate of Allotment dt. 8.7.2013 we do not find any such clause where OP was agreeable to pay interest on monthly basis. Be that as it may it is therefore evident that the complainant contacted OP No.2 for disbursement of deposited amount but the OPs paid no heed to that request and being aggrieved the complainant filed this case on 16.4.2018 and therefore the complainant is entitled to get compensation. The OPs also compelled the complainant to file this case and, therefore, OPs are liable to pay cost of litigation.
In the result, the instant consumer complaint succeeds in part.
Hence,
Ordered
That CC/197/2018 is allowed on contest. The OPs are directed to refund Rs. 70,000/- to the complainant within one month from the date of this order. The OPs are further directed to pay Rs.10,000/- towards compensation and Rs. 10,000/- towards cost of litigation within above mentioned period. failing which the amount shall carry interest @ 9% p.a till realisation.
