Judgment : Dt.11.1.2018

Shri Ayan Sinha, Member

            This is a complaint made by one (1) Sri Sakhanath Paul, son of Late Ram Charan Paul, (2) Smt. Sujata Paul, wife of Sakhanath Paul, both are residing at Loke Nath Para, Bagpota Bye Lane, PO-Sarsuna, P.S.-Thakurpukur, 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, Answal Tower-38, Nehru Place, 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 20.1.2002, which was to mature on 30.12.2014. 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/RXXX0055420 has already been received by OPs. After expiry of the term on 30.12.2014 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/437/2017 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.