Judgment : Dt.17.1.2017
Shri S. K. Verma, President
This is a complaint made by one Sangita Banerjee, Kamalgazi, Narendrapur, Sonarpur, P.S.-Sonarpur. 24 Parganas(S), Kolkata-700 103 against The Director, Alchemist Township India Ltd., 411,412, Ansal Tower, 38, Neharu Place, New Delhi-110 019, OP No.1, The Director, Alchemist Infra Reality Ltd., Unit No.GF-18, Ground Floor, Omaxe Square, Jasola District 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 O.P. to refund the maturity amount of Rs.4,00,000/- and a direction to pay compensation of Rs.80,000/- and litigation cost of Rs.10,000/-.
Facts in brief are that OP No.1 & OP No.2 run business for marketing real estate and other similar type of products. OP No.3 is a branch office of the OP No.1 and OP No.2. Having been satisfied with the goodwill of the OP No.2, Complainant deposited a sum of Rs.2,00,000/- to OP No.3 by cheque as FIXED deposit for a period of 6 years. On and around first week of January, 2011, OP No.3 handed over to the Complainant a certificate No.AIRL/RD00083075 dt.31.12.2010 and assured to pay Rs.4,00,000/- on maturity date. On and around Second week of June, 2013, as Complainant deposited the certificate No.AIRL/RD00083075 dt.31.12.2010 as told by OP No.3 for further processing. Thereafter on and around second week of July 2013, OP No.3 handed over a certificate No.TA01259562, customer ID No.TC00018102 dt.5.7.2013 to the Complainant where the last certificate was issued and signed by OP No.1 in place of OP No.2 for which Complainant raised query to OP No.3, where satisfactory reply was not given by OP No.3. Thereafter, Complainant approached OP No.3 for surrendering the original certificate for receiving return of Rs.4,00,000/- which is the maturity value of certificate. After receiving the original certificate, the OPs remained silent to redress the grievances of the Complainant and failed negligent to return the maturity amount.
OP No.1 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 where he has reiterated the facts mentioned in the complaint petition.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
In this regard, on perusal of the copy of the certificate, it appears that OP has issued a certificate that of Rs.4,00,000/- was to be paid. Further, it appears that OP No.3 firstly issued a certificate of property No.AIRL/RD00083075 dt.31.12.2010 to the Complainant which was signed by OP No.2. Thereafter, OP No.3 issued one more certificate No.TA01259562 against surrendering of the previous certificate. But, after the maturity date which was on 10.1.2016, the OPs did not refund the maturity amount.
Since the allegation of complaint remained unrebutted and unchallenged, the Complainant is entitled to the reliefs and OPs are bound to pay Rs.4,00,000/- to the Complainant. We are not awarding any compensation and litigation cost because of the fact that Complainant paid Rs.2,00,000/- knowingly well that Complainant would be getting Rs.4,00,000/- after a lapse of 6 years which appears to be beyond stretch of imagination of any person at that time.
Hence,
ordered
CC/266/2017 and the same is allowed in part ex-parte. OPs are directed to refund Rs.4,00,000/- to the Complainant within two months of this order, in default the amount shall carry interest @ 10% p.a. from the date of this order till realization, provided the return memo is filed.
