Date of Filing : 26 November 2019.
Date of Judgement : 5 April 2023.
Mrs. Ashoka Guha Roy (Bera), Hon’ble Member.
The instant case is filed by the Complainant Sri Prabir Adhya U/S 12 of the Consumer Protection Act, 1986, herein after called the said Act, against 1) the Alchemist Township India Ltd.,being represented by its Director, and 2) The Branch Manager, Alchemist Township India Ltd.145A, Diamond Harbour Road, 2nd Floor, Kplkata-700008, P.S. Thakurpukur. (herein after called as Opposite Parties or O Ps. alleging deficiency in service on the part of the OPs.
The brief statement of the complaint is that the Complainant, on being allured by the lucrative offer of the Opposite Parties the complainant deposited a sum of Rs. 2,20,000/- with the O. P no.1 through Opposite Party No.2 under Monthly Income Scheme on 16.10.2015. The O. P company issued a certificate bearing no. TA02977711, dated 16/10/2015, allotted with Customer ID No. TCYY0088211 for allotment of a at plot/vila/apartment in the housing project at Talwandi Bhai, Thasil: Zeera, Dist:Firozpur, Punjab also issued number of Post dated Cheques each amounting to Rs.2200/- payable as monthly interest which have been ought to encashed from Silpara Branch Office of O.P. No.2. It is specifically mentioned in the said certificate that in the event of not accepting allotment of plot/vila/apartment in the housing project offered to the customer then the O.P. Company shall refund the amount received subject to deduction. Thereafter the complainant enquired about the development of the project at the branch office of the O. P. Company, but he could not get any satisfactory information from the branch office neither the cheques which were issued by the Op in favour of the complainant could be encashed from the branch office since the Branch office was closed and no more in existence. Later the complainant was affirmed by the employees of the O. P. Company that the project was abandoned by the company. Seeing no hope in allotment of plot assured to be handed over by the O.P. the complainant requested the O. P. company to refund his deposited money and again he was disappointed as the O. P. company failed to refund his hard earned money. Finding no other way to get back his investment he filed this instant complaint praying for refund his money with interest, compensation of Rs.20,000/- together with litigation cost of Rs, 10,000/- and others as the commission decides.
The Complainant submitted copy of the Certificate of property allotment mentioned herein above as annexure to the complaint.
On perusal of records it appears that in spite of service of notice and repeated opportunities given no step were taken by the O Ps, consequently the case proceeded ex parte.
During the course of the trial the complainant has filed the affidavit-in-chief and also the brief notes of argument.
The only points required to be determined here are whether there is any deficiency in service occurred by the O Ps and whether the complainant is entitled to the reliefs as prayed for. As the O Ps did to not take part in contesting the complaint these two points are taken together for the sake of convenience and brevity in discussion.
Original documents in support of the complaint are taken into consideration for decision.
Decision with reasons
It is a fact that the Complainant has made a deposit of a sum of Rs. 2,20,000/- paid some amount intending to purchase a plot of land for constructing a house from the O. P. Company. The O. P. company has issued a Certificate on 25/10/2015 bearing No. TA02977711 in which it is written as:“We are in receipt of your application dated 19/06/2013 expressing your interest to acquire plot/villa/apartment in our housing project at Park Avenue, Talwandi Bhai, Tehsil: Zeera, Dist: Firozpur, Punjab has been allotted Customer ID No.TYY0088211.” It is also stated in this Certificate that: “in the event of your not accepting allotment of plot/villa/apartment offered to you by us, from time to time for any reason whatsoever, we shall refund the amounts received, together with compensation assessed by us, depending upon appreciation in the value of Real Estate, which in any event, shall not be less than Rs.2,20,000/- (TWO LAKH TWENTY THOUSAND ONLY) subject to deduction of applicable taxes and administrative costs, if any. Our decision with regard to the amount of compensation will be final.”
These above statements of the Certificate acknowledging payment made by the complainant/purchaser. The O. P. company assured to return ‘not less than Rs. 2,20,000/-‘. They assured the purchaser/complainant to offer plot/villa/apartment within a period of ‘Three Years’. Thus it is clear that the complainant/purchaser has paid some money to purchase a plot of land from the O. P. Company and the O. P. Company has failed to comply with their promise within ‘Three Years ’ from the date of issue of the Certificate, i. e. within 25.09.2018. It is a settled principle that a purchaser cannot wait for an indefinite period to acquire a plot. After a long period of four years from the date of his payment the complainant found that there is only one way to get relief and thus this case arises. This certificate was signed by the O P No. 1 being the Director of O. P. – 1 company. This fact clearly states that the complainant is a consumer under the O P 1 company as defined in the C. P. Act.
Here it is pertinent to state that, as per the complaint petition, O. Ps. failed to comply with their promised offers within the stipulated time thereby causing deficiency in service from their part. As the O. Ps. are refrained from challenging the complaint so there is no contrary material to counter or rebut the claim of the complainant. Hence the complainant is entitled to get relief.
Thus this Commission thinks the complaint is maintainable on its merit and the Complainant has every right to get his grievance be redressed in the form of repayment of the amount he has deposited together with compensation in the form of interest and litigation cost for such deficiency in service occurred from O Ps part. .
Hence,
it is
ORDERED
That the complaint Case being No. CC/623/2019 is allowed ex-parte against O. P. Nos. 1 to 4.
The Opposite Parties are directed to pay Rs.2,20,000/- to the complainant along with interest on the said sum at the rate of 12% with effect from16/10/2015 within 60 days from the date of this order.
The O. Ps. are also directed to pay a sum of Rs. 5,000/- as litigation cost. to be paid to the complainant within the aforesaid period.
Complainant is directed to hand over the original certificate bearing No. TA02977711, dated 16/10/205 to the O. Ps. on receipt of the full payment.
