Judgment : Dt.4.1.2018

Mr. Ayan Sinha, Member

            This is a complaint made by one Sri Dilip Das, son of Late Balai Chandra Das, residing at 22/7/2, Ram Gopal Paul Road, P.O.-Sarsuna, P.S.-Sarsuna, Kolkata-700 061 against The Director, Alchemist, 15, Ganesh Chandra Avenue, Kolkata-700 013, OP No.1, Alchemist Infra Realty Limited, Behala Branch, 93,Diamond Harbour Road, Kolkata-700 008, OP No.2 and The Alchemist Infra Realty Limited, 723, DLF Tower ‘A’, Jasola, District Centre, New Delhi-110 019, OP No.3,  praying for a direction upon the O.P. to refund Rs.1,00,000/- with interest @ 18% p.a. and also a direction to pay compensation of Rs.2,00,000/- and litigation cost.

            Facts in brief are that Complainant booked a certificate of property of Rs.1,00,000/- with OP on 31.12.2011, which was to mature on 10.12.2014. After maturity Complainant requested the OP to release the total amount of Rs.1,00,000/-. But the OPs avoided it. OPs paid a nominal sum to the Complainant as interest, but did not refund Rs.1,00,000/-. So, Complainant filed this case.

            OPs did not file written version and contest the case and so the case is heard ex-parte.

Decision with reasons

            Complainant filed a petition praying for treating the complaint as affidavit-in-chief.

            Main point for determination is whether Complainant is entitled to the reliefs.

            On perusal of the copy of certificates filed by the Complainant, it appears that he has paid Rs.1,00,000/- to the OP and he used to receive monthly interest.

            In this regard, it also appears that original certificate No.AIRL/RX00016327 has already been received by OPs. After expiry of the term on 10.12.2014 Complainant requested for refund of Rs.1,00,000/-. But OPs did not oblige.

            Since the allegations of complainant remained unchallenged and unrebutted, we are of the view that Complainant is entitled to refund of Rs.1,00,000/-. So far as compensation and litigation costs are concerned, we do not find justified because Complainant used to receive monthly interest.

Hence,

ordered

            CC/428/2017 and the same is allowed ex-parte in part. OPs are directed to pay Rs.1,00,000/- to the Complainant within two months of this order, in default the amount shall carry interest @ 10% p.a. from the date of this order till realization.