Date of filing : 26.06.2018

Judgment : Dt.27.06.2019

Mrs. Balaka Chatterjee, Hon’ble Member

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Shampa Banerjee and Subhra Banerjee alleging deficiency in service and unfair trade practice on the part of the opposite parties (referred as OP hereinafter) namely (1) The Director, Alchemist Township India Ltd. and (2) The Branch Manager, Alchemist Township India Ltd.

            Case of the Complainant, in brief/short, is that the Complainants deposited Rs.80,000/- with the OP No.1 through the OP No.2 for a period of 59 months and assured an amount of Rs.1,60,000/- would be refunded on maturity and the OP NO.2 handed over a certificate being No.TA00684958 dt.8.7.2013. The Complainant has stated that the Complainant was to surrender said certificate to OP No.2 for disbursement of maturity amount but the office of OP No.2 was closed. It is further stated by the Complainant that on 23.4.2018 they sent a letter to the OP No.1 enclosing a copy of certificate being No.TA00684958 for treating the same as surrendered and requesting disbursement of deposited amount along with interest. However, in spite of receiving said letter the OP No.1 remained silent and finding no other alternative the Complainant forwarded said letter to the OP No.2, which was returned back to the Complainant with postal endorsement ‘Addressee left’ and, therefore being aggrieved the Complainant by filing the instant consumer complaint prayed for direction upon the OPs to refund maturity amount of Rs.1,60,000/-, to pay Rs.10,000/- towards compensation and Rs.10,000/- towards cost of litigation.

            The Complainant annexed copy of certificates bearing No.TA 00684958, letter dt.23.4.2018 issued by the Complainants, track report, photocopy of Envelope, etc.

            Notices were served but OPs did not turn up. So, the case proceeded ex-parte vide order dt.16.1.2019.

            The Complainants adduced evidence.

            The Complainants filed BNA.

            In course of argument Ld. Advocate for the Complainant submitted that non-refund of deposited amount along with interest caused severe harassment to the Complainant for which the OPs are liable to pay compensation.

Decision with reasons

The Complainants claimed to have deposited Rs.80,000/- to the OP and a certificate was also handed over to them acknowledging deposit of such amount. In support of such averment copy of certificate bearing Nos.TA00684958 has been filed wherefrom it appears that the Complainant deposited Rs.80,000/- for acquiring plot/villa/apartment in the housing project of OP.

On perusal of the certificate dt.8.7.2013, it appears that the OP promised to refund the amounts received by them from the Complainant along with compensation assessed by the OP in case of not accepting allotment of plot/villa/apartment which in any event shall not be less than Rs.1,60,000/-. It further appears from the said certificates that the depositor may obtain refund prior to expiry of the period mentioned therein and in that situation, the depositor will get refund of deposited amount after deduction of applicable taxes.

It is, therefore, evident that the Complainant deposited Rs.80,000/- on 8.7.2013 and sought refund on 23.4.2018 by surrendering the certificates to the OP which indicates that the Complainant sought refund after expiry of agreed period of 59 months and, therefore, the Complainant is entitled for refund of Rs.1,60,000/-.

In view of the discussion made hereinabove, we are inclined to allow the prayer for refund of Rs.1,60,000/- to the Complainant.

Regarding prayer for payment of compensation, we do not find any ground to allow the same.

The OP compelled the Complainant to file the instant case and, therefore, they are liable to pay litigation cot of Rs.10,000/-.

            In the result, the instant Consumer Complainant succeeds in part.

            Hence

                                ordered

            That CC/380/2018 is allowed on contest against OP No.1 and ex-parte against OP No.2 with cost. The OPs are directed to refund Rs.1,60,000/- within 3 months from the date of this order failing which the amount shall carry interest @ 7% p.a.

            The OPs are further directed to pay Rs.10,000/- towards cost of litigation within above mentioned period.