West Bengal

Paschim Midnapore

CC/22/2017

Salil Baran Roy - Complainant(s)

Versus

The Director, Alchemist Township India Ltd. - Opp.Party(s)

19 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.                             

Bibekananda Pramanik, President,

Pulak Kumar Singha, Member

And

Sagarika Sarkar, Member

    

Complaint Case No.22/2017

 

    Salil Baran Roy, S/o-late Nimai Ratan Roy,

Vill, P.O. & P.S.-Goaltore,

Dist-Paschim Medinipur…..………Complainant

Versus

1. The Director, Alchemist  Township (I) Ltd., SCO-12-13, Sector-9-D, P.S.-Madhya Marg, Chandigarh-160009;
2. Branch Manager, Alchemist Township (I)Ltd., Midnapore, Sepoy Bazar, Midnapore Town,  P.S.-Kotwali, P.O. Midnapore, Dist-Paschim Medinipur, Pin-721101………….Ops.

 

For the Complainant:  Mr. Ashis Roy Chowdhury, Advocate.

For the O.P.             :  xxxxxxxxxxx                     

                                                 Decided on: - 19/07/2017                             

                                                ORDER

            Pulak Kumar Singha, Member : 

 

            Complainant files this case u/s-12 of the Consumer Protection Act, 1986.

            In brief  the case of the complainant is that the complainant was deposited a sum of Rs.1,00,000/- (One lakh) only to O.P. no.2 and against the said amount O.P. issued a certificate vide no.TA01139609 dated 10/07/2013 in favour of the complainant. O.P. no.1 assured that complainant would refund the amount received together with compensation     

Contd……………….P/2

 

 

( 2 )

depending upon appreciation in the value of real-estate which in any event shall not be less than Rs.2,00,000/- after three years two months on 19/07/2016 the complainant submitted original certificate to O.P. no.2 along with all relevant documents. But O.P. did not pay heed in respect of refund the matured amount. Finding no way the complainant appeared before this Forum for getting relief as per prayer of his complaint.  

            In spite of service of summons none of the O.P.s appeared nor contested the case. So, the case is heard ex-parte against O.P.s.       

 

Decission with Reasons

             We have perused the complaint documents and evidence of complainant, it appears that complainant had invested Rs.1,00,000/-(One lakh) only to O.P. no.2 in a fixed deposited scheme after receiving the amount O.P. no.1 issued certificate vide no. TA01139609 dated  10/07/2013 and assured that complainant will get Rs.2,00,000/-(Two lakh)  together with compensation depending upon appreciation in value of Real Estate  after three year two months. Accordingly on 19/07/2016 complainant  submitted original certificate along with other    relevant documents to O.P. no.2  for getting the matured amount. But after elapsed of stipulated period, O.Ps. did not pay heed to the claim of complainant.  Complainant tried to his best effort to collect the  money from O.Ps. but in vain. Finding no way the complainant approached before this Forum  for getting releief as prayed for.

          Complainant to prove his case submitted documents and evidence supported by affidavit on oath. But O.Ps.  did not contest the case. The case is heard ex-parte against O.Ps. So, the evidence of complainant remain uncontravened and unchallenged. The activity of O.Ps. proved that they are negligent and deficient in service for which the complainant has been suffering mental pain and financial loss.

         In view of the discussions here in above we think that O.Ps. are negligent and deficient in rendering service to the complainant for such complainant is entitled to get relief as prayed for.   

                                                                                                                                                                                 Contd……………….P/3

 

( 3 )

          Thus the complaint case succeeds.

                                      Hence, it is,

                                                          ORDERED,

                                     That the complaint case be and the same is allowed ex-parte against O.Ps.                                          

                O.Ps are directed jointly or severally to pay Rs.2,00,000/-(Rupees two lakh) only with interest @ 9% from 19/07/2016   and to pay Rs.10,000/-(Ten thousand) only compensation for harassment, mental pain.                   

              O.Ps. are further directed to pay Rs.2,000/-(Rupees two thousand) only as  litigation cost to the complainant within stipulated period.

              Failure to comply O.Ps. shall be liable to pay Rs.200/- (Rupees two hundred) only per month to the Legal Aid account to this Forum till date of full realization.

Dictated and Corrected by me

        Sd/- P.K. Singha                       Sd/- S. Sarkar                Sd/-B. Pramanik.

               Member                                 Member                          President

                                                                                               District Forum

                                                                                            Paschim Medinipur