West Bengal

Paschim Midnapore

CC/23/2017

Shib Shankar 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.23/2017

 

Shib Shankar Roy, S/o-Salil Baran Roy,

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

Dist: Paschim Medinipur..….………Complainant

Versus

1. The Director, Alchemist Township (I) Ltd., 18, Sco-12-13, Sector-9-D, P.S.-Madhya Marg, Chandigarh-160009
2. Branch Manager, Alchemist Township (I) Ltd. Medinipur, Sepoy Bazar, Medinipur Town, P.S. Kotwali, Post Medinipur, Dist: Paschim Medinipur, Pin-721101,

.....……….….Opp. Parties.

 

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

For the O.P.             :                      

                                                                    Decided on: - 19/07/2017                             

                               

ORDER

                         Sagarika Sarkar, Member – This instant case is filed u/s-12 of the C.P. Act, 1986 by Shib Shankar Roy alleging deficiency in service on the part of the above mentioned O.Ps.

Contd………..P/2

                                                                                 

                                                                                          

                                                                            ( 2 )

                   Case of the complainant, in brief, is that being agreed with the proposal of the officials of Alchemist Township (I) Ltd., the complainant deposited a sum of Rs.1,50,000/-(One lakh) only on 03/07/2013 with  the O.P. no.-1 under Monthly Investment Scheme receiving which director of the O.P. Co. issued a certificate having no.TA015112077 dated 17/07/2013 infavour of the complainant. It is further stated that the director of the said company assured the complainant to effect of that he would refund the said amount together with  compensation depending upon appreciation in the value of real estate which in any event, shall not be less than Rs.1,50,000/- after one year seven months and the same has mentioned in the said certificate.  It is also stated by the complainant on 04/04/2015 the complainant went to Medinipur branch office of alchemist township (I) Ltd. to enquire about the matured amount with original certificate of the said company where official of the said  branch office asked him to deposit the original certificate alongwith all relevant documents including a cancelled cheque.  Accordingly, the complainant deposited the certificate in original alongwith a cancelled cheque of United bank of India vide no.042304 of his A/c no.0684010205405.  It is the specific allegation made by the complainant that inspite of depositing necessary documents the O.P. did not take any initiative to disburse the promised amount. Accordingly the complainant has prayed for direction upon the O.P.  to pay Rs.1,50,000/- alongwith the  interest, to pay a sum of Rs.20,000/- towards cost of litigation and to pay a sum of Rs.50,000/- towards compensation.

             Inspite of service of registered notice upon the O.Ps. they did not turn up. So the case has been fixed for ex-parte  proceeding vide order no.9 dated 29/06/2017.

           Complainant adduced evidence on affidavit  annexing the photostat copies of following documents :

 (a) cancelled cheque bearing no.042304 of a/c holder Shib Sankar Roy

 (b) letter dated 17/07/2013 issued by Alchemist Township (I) Ltd.

  (c) a cheque bearing no.402366 dated 26/09/2015, issued by Alchemist Township (I)   

      Ltd., to the complainant of the amount of Rs.1,50,000/-

 (d) 1^st page of the Pass Book of United bank of India of the account holder Shib Sankar

     Roy.     

Decisions with reasons.

         The complainant claimed to have paid Rs.1,50,000/- towards O.P. under ‘monthly investment scheme’ launched by the O.P.  The letter dated 17/07/2013 issued

Contd………..P/3

                                                                                     

                                          

                                                                          ( 3 )

by Alchemist Township (I) Ltd. to the  complainant also shows that the O.P. received the amount with a promise to refund the amounts with compensation, which shall not be less than Rs.1,50,000/-

         The complainant has alleged that the O.P. failed to disburse the said amount. It appears from the annexure furnished by the complainant along with evidence on affidavit that the O.P. issued a cheque dated 26/09/2015 bearing no.402366 towards  payment of the promised amount in respect of certificate no.TZ00001927/000037. It is  therefore, the statement made by the  complainant is contradictory to the document furnished by him. Moreover there is no whispering within four corners of the petition of complaint regarding the cheque dated 26/09/2015 issued by the Alchemist Township (I) Ltd. in favour of the complainant.

         In the light of the discussion as made herein above we are of opinion that the complainant failed to substantiate his  allegation against the O.P.  

        In the result the petition of complaint does not succeed.   

                                      Hence, it is,

ORDERED

                                                             that consumer complaint case being no.23/2017 is dismissed with ex-parte but considering the circumstances without cost.

                Let plain copy of order be given to the complainant free of cost.

                Dictated and Corrected by me

 

 

                          Member                                   Member                         President 

                                                                                                            District Forum

                                                                                                        Paschim Medinipur