Date of filing : 16.03.2018
Date of Judgement: 13.09.2019
Mrs. Balaka Chatterjee, Hon,ble Member
This petition of complainant is filed under Section 12 of the Consumer Protection Act, 1986 by Sudipta Ghosh alleging deficiency in service on the part of the Opposite Parties (referred as OP hereinafter) (1) The Director Alchemist Township India Ltd. (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.8,00,000/- (eight lakh) to OP no.1 through OP No.2 as MIS fixed deposit for a period of 36 months i.e. from 27.01.2015 to 27.01.2018 and the OP No.2 handed over two certificates dated 17.02.2015 and verbally promised to pay interest @ 12% p.a. to the complainant. The complainant has stated that he received monthly interest from the OP No.2 for 12 months out of 36 months through inter office payment advice. The complainant has further stated that he visited the office of OP on several occasions for disbursement of maturity amount of Rs. 8,00,000/- but the office was found closed and by a letter dated.30.01.2018 requested the OP No.1 for treating the certificate as surrendered and to disburse the said amount of Rs.8,00,000/- 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. 8,00,000/-, to pay Rs. 1,92,000/- towards interest, to pay compensation to the tune of Rs.2,00,000/- and Rs. 20,000/- towards cost of litigation.
The complainant annexed certificates dt. 17.02.2015 payment advice dt. 27.01.2016. Track report Letter dt. 30.01.2018 issued by the complainant and money receipt.
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 further the complainant has failed to file a single paper to substantiate his claim regarding payment of interest.
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 files questionnaire but the OP No.1 did not file any reply.
In course of argument Ld. Advocate for the complainant filed written notes of argument. Ld. Advocate for the OP no. submits that the instant case is not maintainable.
The OP No.1 by filing a petition challenged maintainability of this complaint. This Forum vide order dt. 03.07.2018 hold the case is 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. 8,00,000/- with the OPs in a MIS fixed deposit Scheme for a period of three years i.e. from 27.01.2015 to 27.01.2018.
In support of such contention the complainants file copies of Certificate of Allotment being No.TA02741248, TA02741249 bearing consumer ID No. TYY0062339 & TYY0062334 respectively issued by the OPs in favour of the complainant the certificate holder. On perusal of the said certificates it appears that in response to an application dt. 27.01.2015 issued from the end of the complainant 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 complainant and agreed to offer Plot/Villa/Apartment to the complainant. It further appears from the said certificate that the OPs were agreeable to allot a 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. The certificate of allotment annexed by the complainant also supports such contention.
However, after expiry of said period of three years the OPs neither delivered possession of the plot/villa/apartment to the complainant at any of their Housing Project nor did refund the deposited amount. In our opinion such inaction on the part of the OPs amounts to deficiency in service. Furthermore, the complainant by filing an affidavit has stated that he has filed no claim before any Commission/Other Court/Forum and, therefore, the complainant 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 has issued a letter dt. 30.01.2018 to the OPs but no document has been filed wherefrom it could have been evident that the said letter was sent to the OPs and as returned to the complainant.
Further, the complainant has stated that he received interest for 12 months out of 36 months. On perusal of certificates dt. 17.12.2015 we do not find any such clause where OP was agreeable to pay interest on monthly basis and, therefore, 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/139/2018 is allowed on contest. The OPs are directed to refund Rs. 8,00,000/- to the complainant within two months from the date of this order subject to handover of certificates No.TA02741248 & TA02741249 to the OPs. If the OPs fail to pay the amount within aforesaid period they shall have to pay interest @ 9% p.a. till realisation thereof in full.
