Dt. of filing : 17.08.2018

Dt. of Judgment : 18.07.2019

Mrs. Balaka Chatterjee, Hon’ble Member

This petition of complaint  is filed under Section 12 of the Consumer protection Act, 1986 by Renuka Ganguly (Dutta)  alleging deficiency  in service and unfair Trade Practice on the part of the Opposite Parties ( referred  as OP hereinafter )  (1) The Director, Alchemist Township India Ltd. (2) The Director, Alchemist Infra Realty Ltd. (3) The Branch Manager, Alchemist Infra Realty Ltd.

Case of the complainant in brief is that the  complainant being satisfied with the goodwill  of the  OP No.2 deposited an amount of Rs. 1,50,000/- by cash  with the OP No.2  through the OP No.3  for a period of six years on 02.01.2013  on assurance of getting refund  Rs. 3,00,000/- on maturity. The complainant has stated that  on receiving  Rs. 1,50,000/-, a certificate being  No. AIRL/REE0289088 dt. 23.01.2013 was handed over to her by the OP No.3 and the  date of maturity  mentioned therein as  02.01.2019. It is stated  by the complainant that  the said certificate was    taken back by the  OP No.3 in June, 2013 against  receipt issued by the OP dt.21.06.2013 on the pretext of further processing  of the certificate and in July , 2013 the OP No.3 handed over a certificate being no. TA00684497 bearing Customer ID No. TCC0016259 and date of maturity  mentioned therein as  02.07.2017  and said certificate was issued  by OP No.1 Alchemist Township India Ltd. instead of the   OP No.2  Alchemist Infra Realty Ltd.  and on receiving  said certificate  the complainant  made query regarding  such practice  of the  Op  but no satisfactory explanation was given by the OP no.3. It is  stated by the complainant that she issued a letter on  18.01.2018  and sent it to the OP No.1 enclosing a copy of  said certificate  for treating the said certificate as surrendered and for  disbursement of promised amount  of Rs. 3,00,000/- but even after receipt of said letter  the OPs remained silent and, therefore the complainant forwarded  said letter to  the OP No.3 but the same was  returned back to the complainant with endorsement ”Addressee Left”  and finding no other alternative  the complainant  by filing the instant consumer complaint  has prayed  for directions upon the OP no.1 to  disburse  maturity amount of Rs. 3,00,000/-, to ,pay  compensation  to the tune of Rs. 50,000/-   and to pay Rs. 10,000/- towards  cost of litigation.

         The complainant annexed  money receipt  dated 02.01.2013  certificate of property,  receipt dt. 21.06.2013, certificate  of allotment dt. 05.07.2013,  letter dt. 18.01.2018 issued from the  ends of the complainant, photocopy  of an envelope.

Notices were served upon the OPs but they  did not turn up. Therefore, the case proceeded  exparte against them vide order dt. 29.01.2019.

The complainant by filing a petition prayed for treating the petition of complaint as evidence  and the prayer  was allowed.

          The complainant filed Brief notes of Argument.

Decision with reasons

          The complainant claimed to have deposited Rs. 1,50,000/-  on 02.01.2013 for availing a plot of land in the Housing Project launched by OPs. It  appears from money receipt dt. 02.01.2013 that  an amount of Rs. 1,50,000/- has been received  by Alchemist Infra Realty Ltd.,Silpara Branch, towards  application  money for allotment  of proportionate  undivided share of  land and development charges for  6 years. The complainant  has stated that she was provided a certificate  of property  dt.23.01.2013. In support of such contention the complainant has  filed photocopy of certificate of property bearing  Allotment no. IRL/REE0289088 wherefrom  it appears that as per indenture dt. 02.01.2013 executed  by and between the complainant and the OP company the complainant is entitled to get a proportionate  undivided share of land admeasuring an area of  1762.20  Kanal at Behanta & Tila, , Tehsil – Kolras. Dist – Shirpuri, M.P and expiry of tenure as mentioned therein as 02.01.2019.

          The complainant has claimed that the OP took the said certificate of property from the complainant  for further processing of the same. Receipt  filed by the complainant also supports this averment. It appears from the receipt dt.21.06.2013 that the certificate  being no. REE0289088 was received by the OP for ‘further processing’ . The  receipt was issued by Alchemist Township  India Ltd., Silpara Branch but certificate was received by  Alchemist Infra Realty Ltd.

          It is claimed by the complainant that the  OP handed over a letter of allotment being  no. TA00684497 bearing Consumer ID no. TCC0016259 to the complainant. A copy of the letter of allotment being No. TA00684497 has been  filed. On perusal of the said Letter of Allotment it appear  that the same was issued by Director. Alchemist Township  India Ltd. in response to the application dt. 21.06.2013 in respect  of availing a Plot /Villa/Apartment at Park Avenue, Talwandi Bhai, Tehsil  Zeera, Dist –Firozpur, Punjab by the complainant and as per the said  Letter of Allotment  the Plot /Villa/Apartment  was to have been offered to the complainant  within  period of five years i.e.  within 02.07.2018.  It is therefore clear that  the certificate  of property  dt. 23.01.2013  was issued for a period of six years and on deposition of the said certificate  another certificate was issued mentioning the period five  years. Further , it appears from the  said  certificate that  the OP promised to  offer a Plot /Villa/Apartment in any of their Housing Project and in case of non-acceptance the Plot /Villa/Apartment by the complainant  the OP will refund the deposited amount along with compensation after deducting applicable  tax and administrative  cost, but, in that situation, the complainant would be entitled to get an amount not less than Rs. 3,00,000/-.

          It appears from letter date 18.01.2018 issued from the end of the complainant that the complainant asked the OP for disbursement of deposited  amount but the OP remained silent. On perusal of record it appears that   the complainant has filed this complaint on 17.08.2018  after expiry of date maturity i.e.  02.07.2018. It is  therefore evident that  even after expiry of maturity date the OPs neither handed over  the plot of land nor did  refund the  deposited amount which amounts to deficiency in service. In our view, the complainant is  entitled to get refund of maturity amount  of Rs. 3,00,000/-. Regarding prayer for compensation and litigation cost  we do not find any ground to allow such prayer because  maturity date of deposited amount was on 02.07.2018 the instant complaint  was filed on 17.08.2018 and , moreover, the complainant sought premature refund of deposited amount on 18.01.2018 but filed this case on  17.08.2018 after expiry of  date of maturity. It is therefore, clear that the  instant complaint has  not been filed in  respect  of  non-disbursement of deposited  amount prematurely  as sought by the  complainant on 18.01.2018 rather the complainant has prayed for refund of maturity amount although no correspondence has been found  on the part of the complainant asking the OP to disburse maturity amount.

          In the result, consumer complaint succeeds in part.

Hence,

                                   Ordered

          That CC/512/2018 is allowed  exparte but without cost.

       OPs are directed to refund Rs. 3,00,000/- to the complainant within  two months from the date of communication  of this order to them subject to  handover  of letter of allotment  being No. TA00684497  to the OPs failing which the amount shall carry interest  @ 9% p.a. till realisation.