Samaresh Kumar Mitra,  Presiding Member.

The brief facts of the case is that complainant  under the influence of opposite party no. 5,  invested in 3 separate amounts on different dates in the scheme named Alchemist Township India Ltd. and accordingly 3 separate cash certificate has been issued in favour of the complainant and after expiry of the said date of maturity, 2 certificate of Alchemist Township India Ltd., the complaint deposited it to the opposite party no. 4 i.e. Singur Branch office for getting return the entire amount and accordingly the opposite party no. 4 requested him to come few days later but till the day the complaint did not get any amount.

The complainant also states that his wife become ill and admitted in the hospital for dialysis and then getting no other alternative he went to the Singur Branch Office and requested the opposite party no. 4 to refund the entire amount according to the claim as early as possible and also submit all the medical papers of his wife and also his own but getting no amount from the opposite party no. 4 the treatment of his wife could not be run properly as a result the wife of the complainant died on 17.4.2016 without properly treatment.

The complainant also states that for getting return his claim he went several time and requested the opposite party no. 4 to return the claimed money as early as possible but till today he did not get his claim and  on 15.11.2016 when he went to the opposite party no. 4 for submitting his treatment papers, the opposite party no. 4 misbehaved with him and strictly said that they are not liable to pay any claim until the superior instruct them to pay or refund the whole amount of the complainant.

The complainant also states that getting every time negative response from opposite party nos. 4 and 5 he send an Advocate Notice to the opposite parties through his Ld. Advocate on 5.12.2016 but they refuse to take the said notice and accordingly it returned.

 The complainant also states that cause of action arose on the 11.5.2015 when the certificate was deposited to the opposite party no. 4 and aggravated on 15.11.2016 and when the opposite party no. 4 misbehaved with the complainant. For this aforesaid reason he has no other alternative but to file this case before this Forum.

Complainant filed the complaint petition praying direction upon the opposite party to pay sum of Rs. 1,00,000/- and Rs.50,000/- and Rs. 3,000/- in total of Rs. 1,63,000/- and Rs. 1,00,000/- for mental agony and harassment and Rs. 10,00,000/- for the death of complainant wife due to deficiency in service and Rs. 25,000/- as cost against the opposite parties.

  Proceeding do run ex- parte against the opposite party No.1 to 5 as they do not appear nor did they file written version.

Complainant files evidence on affidavit which is nothing but replica of complaint petition so it is needless to discuss. The complainant filed written notes of argument which is taken for consideration.  

Issues/points for consideration

1. Whether the complainant is the consumer of the opposite party or not?
2. Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3. Whether there is any deficiency of service on the part of the opposite party?
4. Whether the complainant is entitled to get relief or not?

DECISIONS WITH REASONS

All the points are taken together for easiness of the discussions of this case.

1) In the light of the discussion hereinabove and from the materials on record, it transpires that the complainant is a Consumer as provided by the spirit of Section 2 (1) (d) (ii) of the Consumer Protection Act, 1986, the complainant here in is a consumer of the opposite party.

2) Both the complainant and the opposite party are residence/having their office addresses within the district of Hooghly. For mental agony and other expenses which is within Rs. 20,000,00/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.

 3). The case of the complainant is that he under the influence of the opposite party no 5 invested in 3 separate amounts on different dates in the scheme named ALCHEMIST TOWNSHIP INDIA and the opposite party issued 3 separate certificates in favour of the complainant. After expiry of the said date of maturity, 2 certificates of Alchemist Township India Ltd., the complaint deposited it to the opposite party no. 4 i.e. Singur Branch office for getting return the entire amount and accordingly the opposite party no. 4 requested him to come a few days later but till the day the complainant did not get any amount. The complainant also states that for getting return his claim he went several times and requested the opposite party no. 4 to return the claimed money as early as possible but till today he did not get his claim and  on 15.11.2016 when he went to the opposite party no. 4 for submitting his treatment papers, the opposite party no. 4 misbehaved with him and strictly said that they are not liable to pay any claim until the superior instruct them to pay or refund the whole amount of the complainant.  Getting no refund from the opposite parties the complainant filed the instant complaint before this Forum praying directions upon the opposite parties as prayed in the prayer portion of the complaint petition.

During the period of argument Ld. Advocate of the complainant relied the case references of district forums and state Commission in support of the claim of the complainant.

After perusing the Complaint Petition, Evidence on Affidavit and also the documents as filed by the complainant and hearing the arguments as advanced by the agent of the complainant it appears that the complainant invested his money in purchasing certificates of property being consumer ID No.TZZ0012670 issued on 27.7.2013 expired on 02.06.2015, valued of Rs.100,000/- only in the name of Manindranath Koley and Minati Koley, being consumer ID No.TZZ0012669 issued on 13.7.2013 expired on 03.11.2015, valued of Rs.50,000/- only in the name of  Minati Koley and Manindranath Koley, & being consumer ID No.TYY006208 issued on 10.02.2015 expired on 20.01.2018, valued of Rs.100,000/- only in the name of Manindranath Koley and  Goutam Koley. But after the expiry of dates the complainant several times approached the opposite party to get his part or refund of money but the opposite party denied his claim in respect of three certificates so the complainant getting no alternative filed the instant complaint.

The complaint petition is unchallenged one as the opposite party did not file his written version by putting appearance. So the proceedings run ex-parte against the opposite party after taking their notices as good service under section 28A of the Consumer protection Act, 1986.  The complainant invested such money in good faith for getting plot/villa/ apartment from the opposite party following the assurance of the opposite party in accordance with the terms as envisaged in the certificates. And after the date of expiry the opposite neither provided the complainant plot/ villa/ apartment nor refunded the invested money as per the certificate which may be treated as an agreement. The complainant after the expiry of the period as fixed earlier approached the opposite party for getting the sum invested as the opposite party failed to provide plot/ villa/ apartment but the opposite party did not show good gesture upon the complainant by paying the amounts in accordance with the terms and conditions of the certificate. As such the opposite party is deficient in providing service to the complainant and they are also in the charge of unfair trade practice. The demand of the complainant is valid, cogent and at per but not excessive or exorbitant. So the complainant is entitled to get invested money as per the schedule including interest @ 10% per annum since the date of investment till the realization and complainant will get litigation cost of Rs.10,000/- from the opposite party within a period of 45 days from the passing this order.

4). The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant has abled to prove his case. So, the Opposite Party is liable to compensate the Complainant as this Forum deem fit and proper.

 Hence it is ordered that the complaint be and the same is allowed on ex-parte against the   Opposite Party with a litigation cost of Rs.10,000/- to be paid to the complainant.

 The Opposite party is hereby directed to pay jointly and /or severally the total invested money amounting to Rs.163,000/- as per the investment of the complainant, including interest @ 10% as compensation since the date of investment till date of realization within 45 days from the date of passing this final order.

  No other relief (s) is awarded to this complainant..

  The Opposite Party is further directed to deposit a sum of Rs.10,000/- in the Consumer Legal Aid Account for unfair trade practice within 45 days from the date of passing this final order.

 At the event of failure to comply with the order the Opposite Party shall pay fine @Rs.50/- for each day’s delay, if caused, on expiry of the aforesaid 45 days by depositing the accrued amount, if any, in the Consumer Legal Aid Account.

Let a plain copy of this order be made available and be supplied, free of cost, to the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgement/ be sent forthwith under registered post to the concerned parties as per rules, for information and necessary action.