SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application u/s.12 of the C.P. Act, 1986.

The complaint case, in brief, is as follows :-

            The OP-1,  Alchemist Township India Ltd. launch a deposit scheme to the public at large for investment against acquire of plot / villa / apartment  in their Housing Project at Park Avenue, Talwandi, Bhai, Tehsil - Zeera, Dist. Firozpur, Punjab and one Subrata Ghosh invested Rs.1,50,000/-  to the OP-1 on 12.07.2013. The OP-1 issued certificate being No. TA00294796 dated 12.07.2013 in favour of Subrata Ghosh and the period of allotment was for 53 months. The original certificate holder assigned the said certificate in favour of the complainant due to urgent need of money.  Original certificate holder and his wife also affirmed an affidavit to that effect. The maturity value of the certificate is Rs. 3,00,000/- and its date of maturity was 23.12.2017. In spite of maturity, the OPs did not pay the matured amount to the complainant / assignee. It is further alleged that the OPs have adopted unfair trade practice towards discharging their duties and liabilities. The complainant / assignee has prayed for refund of the invested amount including other reliefs in terms of the consumer complaint.

            In spite of service of notices the OPs did not turn up to contest the case.  As such, the case has proceeded ex parte against the OPs.

Decision with Reasons

To establish his case the complainant did not adduce any evidence through affidavit but submitted a prayer treating the consumer complaint as E/Chief. Such prayer was allowed vide order dated 26.02.2019. Complainant has produced photocopy of certificate being No. TA00294796 dated 12.07.2013, assignment / surrender / transfer deed dated 23.12.2017 executed between the certificate holder, his wife and the complainant  and  an affidavit duly affirmed before the Notary Public. On perusal of those documents, we find that one Subrata Ghosh invested Rs.1,50,000/- to the OP-1 against certificate No. TA00294796 dated 12.07.2013  to acquire plot / villa / apartment at Park Avenue, Talwandi Bhai, Tehsil Zeera, Dist. Firozpur, Punjab and the tenure of certificate is  53 months. It is further alleged by the complainant that by a deed of assignment / surrender / transfer he purchased the certificate being No. TA00294796 dated 12.07.2013 from the original certificate holder. The assignment deed goes to show that the original certificate holder allotted the property in favour of the complainant in a prescribed form of the OPs and the certificate holder also put his signature in the said assignment deed in presence of Kaosar Ali Laskar, Notary Public. The complainant also put his signature in the buyer’s column. We have it from the photocopy of the affidavit dated 06.01.2018 that the original policy holder and his wife  assigned the certificate in favour of the complainant after receiving the full  matured amount  of the certificate. The date of maturity of the certificate was 23.12.2017 and in spite of maturity, the OPs did not pay any heed to pay the matured amount fully mentioned in the certificate.

            We do not find any reason why the OPs collected the amount from the depositors by issuing certificates and hold the amount as per their own discretion. Even the OPs failed and neglected to take any positive step to complete the project work at Park Avenue, Talwandi within the district of Firozpur, Punjab. Therefore, we hold that the OPs demonstrated a gesture of deficiency in service and indulged in unfair trade practice.  OPs have also caused harassment, mental pain and agony to the complainant.

            Complainant corroborates his case by adopting the petition of complaint as evidence and producing documents.  The evidence of the complainant remains unchallenged and uncontroverted.  In absence of any contrary and controverting materials on record and having regard to the documents on record, we are of the opinion that the complainant has been able to prove his case.  As such, the complainant is entitled to get relief as prayed for.

            In the result, the case succeeds.

Hence,

Ordered

That the complaint case be and the same is allowed ex parte against the OPs with litigation cost of Rs.1,000/- (Rupees one thousand) only.

            OPs are jointly and severally directed to refund Rs.3,00,000/- (Rupees three lakhs) only to the complainant within 45 (forty five) days from the date of this order with litigation cost.

            OPs are jointly and severally directed to pay Rs.10,000/- (Rupees Ten thousand) only to the complainant for causing harassment, mental pain and agony within the stipulated period.

            OPs are also directed to deposit Rs.2,000/- (Rupees two thousand) only to this Forum as punitive damage for practicing unfair trade within the stipulated period.

Liberty be given to the complainant to put the order in execution, if the OPs transgresses to comply the order.