Date of filing :14.11.2018

Judgment : Dt.9.9.2019

Mrs. Balaka Chatterjee, Hon’ble Member

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Sukumar Das and Mita Das 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 goodwill of OP No.1 who used to run business for Marketing Real Estate, deposited an amount of Rs.6,00,000/- with OP No.1 through the OP No.2 as MIS fixed deposit for a period of 36 months and a certificate bearing No.TA02741333 bearing Consumer ID NO.TYY0074848 dt.9.9.2015 was issued in favour of the Complainant and at the time of depositing the amount the OP No.2 verbally assured the Complainants that the Complainants would be received interest @ 12% p.a. from the OP but no interest had been paid by the OPs. The Complainant have stated that they issued a letter to the OP No.1 on 14.8.2018 stating to treat  their certificate as surrendered and to pay deposited amount along with interest as agreed by the OPs but in spite of receiving said letter the OP No.1 did not bother to take any step and, therefore, the Complainant sent said letter to the OP No.2 but the said letter was returned to the Complainant with postal endorsement “Addressee left” which caused monetary loss, harassment, and mental agony to the Complainant and finding no other way the Complainant by filing the instant Consumer Complaint prayed for direction upon the OPs to refund Rs.6,00,000/-, to pay interest, to pay Rs.25,000/- towards compensation and Rs.20,000/- towards cost of litigation.

            The Complainant annexed copy of certificate dt. 9.9.2015 letter dt.14.8.2018 issued by the Complainant.

            Notices were served but the OP did not turn up so the case proceeded ex-parte against them vide order dt.11.4.2019.

            The Complainant by filing a petition prayed for treating the petition of complaint as evidence, prayer was allowed.

            In course of argument, Ld. Advocate for the Complainants filed Brief Notes of Argument.

            Decision with reasons

            The Complainants claimed to have deposited Rs.6,00,000/- with the OPs in an MIS fixed deposit scheme.

            In support of such contention the Complainants filed a copy of certificate being No.TA02741333 bearing Consumer ID No.TYY0074848 issued by the OPs in favour of the Complainant No.1 the certificate holder and Complainant No.2 as joint applicant. On perusal of the said certificate of allotment it appears that in response to an application dt.19.8.2015 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 Complainants 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 Venue 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 a period of three years i.e. from 19.8.2015 to 19.8.2018. The certificate of allotment annexed by the Complainant also supports such contention.

            However, after expiry of said period, the OPs neither delivered possession of the plot/villa/apartment to the Complainants 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 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 relief regarding prayer for refund of deposited amount.

            Regarding prayer for interest compensation and litigation cost we are of opinion that there is no ground to allow such prayer because no document has been filed by the Complainants to substantiate their claim to the effect that they made communication on several times to the OPs claiming refund of deposited amount. Furthermore, on perusal of the said certificate it appears that there was no clause as such regarding payment of interest.

            In the result, the Consumer Complainant succeeds in part.

            Hence

Ordered

            That CC/624/2018 is allowed ex-parte without cost. The OPs are directed to refund Rs.6,00,000/- to the Complainant No.1 within one month from the date of communication of this order to the OPs subject to handover of the certificate of allotment No.TA02741333 to the OPs. If the OPs fail to pay the amount within above mentioned period the OPs shall have to pay interest @ 9% p.a. till realization thereof in full.