Judgment : Dt.8.1.2018
Shri S. K. Verma, President
This is a complaint made by (1) Rina Roy and (2) Subir Kumar Roy, both at 278, Bhuban Mohan Roy Road, P.S.-Haridevpur, Kolkata-700 008 against The Director, Alchemist Township India Ltd., Building No.23, Nehru Place near Allahabad Bank, New Delhi-110 019, OP No.1, The Director, Alchemist Infra Realty Ltd., Unit No.GF-18, Ground Floor, Omaxe Square, Jasola Dist. Centre, South Delhi-110 025, OP No.2 and The Branch Manager, Alchemist Infra Realty Ltd., 145A, Diamond Harbour Road, 2nd floor, P.S.-Thakurpukur, Kolkata-700 008, OP No.3 praying for a direction upon the OPs to return the maturity amount of Rs.3,00,000/- and a direction to pay compensation of Rs.50,000/- and litigation cost of Rs.10,000/-.
Facts in brief are that OP No.1 & OP No.2 are engaged in real estate business. On the basis of the goodwill of OPs, Complainant invested Rs.1,50,000/- in a fixed deposit on 5.9.2011 for a period of 72 months which was to mature on 5.9.2017. Complainant was handed over a certificate of property dt.26.11.2011 and took back the receipt around 2nd week of June, 2013. OP No.3 collected original certificate from the Complainant for processing the documents and handed over a certificate on 29.7.2013. The maturity date of this certificate was 5.3.2017. However, OP did not pay this money. So, Complainant filed this case.
OPs did not contest the case by filing written version and so the case is heard ex-parte.
Decision with reasons
Complainant filed affidavit-in-chief wherein Complainant has reiterated the facts mentioned in the complaint petition. Since the allegation remained unrebutted and unchallenged, we are of the view that Complainant is entitled for refund of monthly amount of Rs.3,00,000/-.
Hence,
ordered
CC/421/2017 and the same is allowed ex-parte without costs. OPs are directed to pay Rs.3,00,000/- to the Complainant by Account Payee cheque within 3 months of this order, in default the amount shall carry interest @ 10% p.a. from the date of order till realization.
