Date of filing : 17.05.2018
Date of Judgement: 30.08.2019
Mrs. Balaka Chatterjee, Hon,ble Member
This petition of complainant is filed under Section 12 of the Consumer Protection Act, 1986 by Partha Sarathi Gupta and Amita Gupta alleging deficiency in service on the part of the Opposite Parties ( referred as OP hereinafter) (1) The Director Alchemist Township India Ltd (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 used to run business for Marketing Real Estate deposited an amount of Rs.10,00,000/- (Ten lakhs ) to OP no.1 through OP No.2 as MIS fixed deposit for a period of 36 months and the OP No.2 handed over two certificates being no.TA02741238 bearing Consumer ID No. TYY0062353 dated 18.02.2015 and TA02741254 bearing consumer ID No. TYY0062354 dt. 18.02.2015 in favour of the complainant Nos. 1 & 2 respectively and maturity date as mentioned therein was on 28.01.2018. The complainant have stated that they received monthly interest from the OP No.2 for 12 months out of 36 months through inter office payment advice. The complainants have further stated that by a letter dated.12.02.2018 they requested the OP No.1 for disbursement of the said amount of Rs. 10,00,000/-/-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 “Addressee left” 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. 10,00,000/-, to pay Rs. 2,40,000/- towards interest, to pay compensation to the tune of Rs.50,000/- and Rs. 20,000/- towards cost of litigation.
The complainant annexed Certificates of Allotment dt. 18.2.2015 payment advice dt. 28.01.2016. Track report. Letter dt. 12.2.2018 issued by the complainants and photocopy of returned envelope.
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 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 complainants are not a consumer as per provision of the Consumer Protection Act because they have 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 each of the complainants paid an amount of Rs. 5,00,000/- amounting to Rs. 10,00,000/- to the OPs for availing 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. 5,00,000/- in each cases. In the instant case housing construction service in respect of Villa/apartment is involved and the complainant agreed to avail the said service from the OPs thus they became consumer under the OPs 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. 10,00,000/- with the OPs for availing plot /villa /apartmentin the Housing Project launched by the OPs.
In support of such contention the complainants filed copy of Certificate of Allotment being No.TA02741238 bearing consumer ID No. TYY0062353 & TA02741254 being Consumer ID No. TYY0062354 issued by the OPs in favour of the complainant No.1 & 2 respectively. On perusal of the said certificate of Allotment it appears that in response to application dt. 28.01.2015 issued from the end of the complainants 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 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 three years ie. From 28.01.2015 to 28.01.2018 in a Mis Scheme.
However, after expiry of said 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 interest compensation and litigation cost on perusal of documents on record it is found that the complainant sent a letter to the ops to treat the certificates as surrendered to the Branch Office of the OP i.e. OP No.2 and the same has been returned with postal remark ‘left’. Further the complainants have stated that they received interest for 12 months out of 36 months. On perusal of certificate of Allotment dt. 18.02.2015 we do not find any such clause where OP was agreeable to pay interest on monthly basis and, therefore we are not inclined to allow such prayer. Be that as it may it is therefore evident that the complainants paid Rs. 10,00,000/- to the OPs but the OPs neither handed over plot/villa/apartment in any of their housing project and nor did refund the deposited amount and, therefore if a direction is given to the OPs to refund the deposited amount justice would be served. However, we find no ground for allowing interest compensation and litigation cost.
In the result, the consumer complaint succeeds in part.
Hence,
Ordered
That CC/296/2018 is allowed on contest. The OPs are directed to refund Rs. 5,00,000/-/- to the complainant No.1 and Rs.5,00,000/- to the complainant no.2 within two months from the date of this order subject to handover of certificates being Nos. TA02741238 and TA02741254 by the complainants. If the Opposite Parties fail to disburse the amount within the abovementioned period they shall have to pay interest @ 9% p.a. till realisation.
