Judgment : Dt.11.1.2018

Shri S. K. Verma, President

            This is a complaint made by (1) Sri Goutam Patra, son of Late H.C.Patra, (2) Sri Atanu Patra, son of Goutam, Patra, both are residing at 106/1, Sarsuna Main Road, Chatterjee Para, 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, 411-412, Ansal Tower-38, Nehru Place, New Delhi-110 019, OP No.3,  praying for a direction upon the O.P. to refund Rs.1,50,000/- 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.1,50,000/- with OP on 18.7.2012, which was to mature on 27.6.2015. After maturity Complainant requested the OP to release the total amount of Rs.1,50,000/-. But the OPs avoided it. OPs paid a nominal sum to the Complainant as interest, but did not refund Rs.1,50,000/-. 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 Complainant has paid Rs.1,50,000/- to the OP and he used to receive monthly interest.

            In this regard, it also appears from the copy of certificate No.AIRL/RX00026976 that Complainant has paid money to OPs. After expiry of the term on 27.6.2015 Complainant requested for refund of Rs.1,50,000/-. 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.1,50,000/-. So far as compensation and litigation costs are concerned, we do not find justified because Complainant used to receive monthly interest.

Hence,

ordered

            CC/440/2017 and the same is allowed ex-parte in part. OPs are directed to pay Rs.1,50,000/- 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.