Date of filing : 16.04.2018
Date of Judgement: 05.09.2019
Mrs. Balaka Chatterjee, Hon’ble Member
This petition of complainant is filed under Section 12 of the Consumer Protection Act, 1986 by Shambhu Nath Mitra alleging deficiency in service on the part of the Opposite Parties ( referred as OP hereinafter) (1) The Director Alchemist Township India Lt d (2) The Branch Manager, Alchemist Township India Ltd.
Case of the complainant in brief is that the complainant being satisfied with the good will of OP No.1, who used to run business for Marketing Real Estate, deposited an amount of Rs.6,00,000/- to OP no.1 through OP No.2 as MIS fixed deposit for a period of 36 months and the OP No.2 handed over two certificates dated 16.04.2015 to the complainant and maturity date as mentioned therein was on 26.08.2018. The complainant has stated that he received monthly interest from the OP No.2 for 9 months out of 36 months through inter office payment advice. The complainant has further stated that he surrendered the said certificates to OP No.2 and asked the OP for disbursement of maturity amount of Rs. 6,00,000/- by a letter dated.29.01.2018 but inspite of receiving said letter the OP No.1 did not take any step to refund the amount and therefore, the complainant sent the said letter to the OP No.2 but the letter returned to the complainant with postal endorsement ‘’Addressee Left’’ and finding no other way the complainant by filing the instant consumer complaint prayed for direction upon the OPs to disburse maturity amount of Rs. 6,00,000/-/-, to pay Rs. 1,62,000/- towards interest, to pay compensation to the tune of Rs.50,000/- and Rs. 20,000/- towards cost of litigation.
The complainant annexed letter of Allotment dt. 16.04.2015 payment advice dt. 26.01.2016. Track report. Letter dt. 15.6.2017 issued by the complainant and returned envelope.
The OP No.1 contested the case by filing written version denying and disputing all the allegations made out in the petition of complaint stating inter alia that the instant consumer complaint has been filed in respect of a dispute relating to a property and/or investment made in respect of the same which tantamount to ‘suit for land’ and/or ‘investment’ . Hence this case is not maintainable before this Forum and no promise has been made on the part of the OPs regarding payment of interest @ 12% p.a.
The OP No.1 has further stated that the complainant did not take any step to intimate the OP No.1 regarding claim of claiming disbursement of deposited amount.
The complainant filed evidence in respect of which the OP No.1 filed questionnaire and the complainant filed reply. Similarly the OP No.1 filed evidence and the complainant filed questionnaire but the OP did not file reply.
In course of argument Ld. Advocate for the complainant filed written notes of argument.
Ld. Advocate for the OP No.1 submitted that the instant case is not maintainable.
The OP No.1 by filing a petition challenged maintainability of this consumer complaint. This Forum vide order dt. 10.07.2018 hold the case maintainable and, therefore, there is no scope to discuss the said point again.
Points for determination :
- Whether there is deficiency on the part of the OP.
- Whether the complainant is entitled to the relief as prayed for.
Decision with reasons :
Point No.1 & 2 - Both points are taken up for comprehensive discussion and decision.
The complainants claimed to have deposited Rs. 6,00,000/- with the OPs for availing a plot /villa /apartment in the Housing Project launched by the OPs.
In support of such contention the complainants file two copies of Certificate of Allotment being No. TA02741320 & TA02741255 bearing consumer ID No. TYY00682799 & TYY0068276 respetively issued by the OPs in favour of the complainant the certificate holder. On perusal of the said certificate of Allotment it appears that in response to an application dt. 26.03.2015 issued from the end of the complainants for acquiring a plot /villa/Apartment in the Housing Project of OP situated at Park Avenue, Talwandi Bhai, Tehsil – Zeera, Dist – Firozpur, Punjab the OPs accepted the proposal of the complainants and agreed to offer Plot/Villa/Apartment to the complainants. It further appears from the said certificate that the OPs were agreeable to allot plot /villa/Apartment to the complainant at other project in case of non –delivery of possession of the plot/villa/apartment in the Housing Project launched by the OPs at Park avenue Talwandi Bhai, Tehsil – Zeera, Dist Firozpur and in case of non-accepting said plot/villa/apartment by the complainant the OPs would refund the deposited amount along with compensation assessed by them after deducting applicable tax and administrative cost. It is claimed by the complainant that the said deposit was made only for three years and maturity date of the said deposited amount was fixed on 26.03.2018. The certificate of allotment annexed by the complainant also supports such contention.
However, after expiry of said maturity date the OPs neither delivered possession of the plot/villa/apartment to the complainants at any of their Housing Project nor did refund the amount. In our opinion such inaction on the part of the OPs amounts to deficiency in service. Furthermore, the complainants by filing an affidavit have stated that they have filed no claim before any Commission/Other Court/Forum and , therefore, the complainants are entitled to get the relief regarding prayer for refund of deposited amount.
Regarding prayer for interest compensation and litigation cost on perusal of documents on record it is found that the complainant submitted the certificate to the Branch Office of by sending a letter dt. 29.01.2018 and claiming disbursement of deposited amount but the said letter was returned to the complainant with post al remark :Addressee left” and, further, the complainant has stated that he received interest for 9 months out of 36 months. On perusal of certificate of Allotment dt. 16.04.2015 we do not find any such clause where OP was agreeable to pay interest on monthly basis. Under such state of affairs we are not inclined to allow prayer for interest, compensation and litigation cost.
In the result, the instant consumer complaint succeeds in part.
Hence,
Ordered
That CC/199/2018 is allowed on contest. The OPs are directed to refund Rs. 6,00,000/- to the complainant within one month from the date of this order subject to handover of certificates being Nos. TA02741320 & TA02741255 to the Opposite Parties . If the Opposite Parties fail to pay the amount within abovementioned period the Opposite Parties shall have to pay interest @ 9% p.a. till realisation.
