Order No.  8  dt.  18/12/2019

            The case of the complainant in brief is that the complainant  executed three development agreements with M/s Alchemist Infra Realty Ltd for acquiring three undivided portions of land after development of the land, measuring an area of 404 Kanal 8 Marla each at Mouza Rampurganda , Tehsil – Bilaspur, Dist- Yamunanagar, Haryana against payment to the company (o.p). The value of the said three undivided  shares of land after development will not be less than double the amount paid by the complainant  after completion of 5 years 4 months approximately . Accordingly, three certificates of property had been issued by the o.p. vide the indenture with the allotment nos as noted below.

         After expiry of the tenure of the indentures complainant deposited those indentures to the op-company for getting the indentured amount. OP-company responded and issued three cheques on Punjab National Bank against each of the three certificates of property. But those cheques were dishonored for insufficient of fund. After procuring of the statement regarding  dishonoring  of the cheques complainant had tried to contact with the o.p. company so that the company might get the assured amount but all the attempts of the complainant were fruitless as op’s local office remained closed. Complainant issued letter dt 03.06.2019 to the op claiming the matured amount but the op-company remained unmoved. Finding no other alternative complainant filed this case  praying for  direction upon the o.ps for payment of the money of Rs.1,45,600/-  and compensation of Rs.10,000/-for harassment and mental agony and litigation cost.

            PR & TR shows that notice could not have been served upon all the ops. Notice was displayed in the daily newspaper, the Ajkal Patrika.  In spite of displaying of notice  the o.ps did not contest this case by filing w/v and as such, the case had been proceeded exparte against the o.ps.

            In order to prove the case the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of his claim including the photocopy of the certificate issued by the o.p. Due to unchallenged testimony of the complainant there is no scope to disbelieve the submission of the complainant and therefore it should be accepted and necessary order is to be passed accordingly.

            Considering the submissions of the complainant and on perusal of the materials on record it is evident that complainant executed three development agreements with M/s Alchemist Infra Realty Ltd for acquiring three undivided portions of land after development of the land, measuring an area of 404 Kanal 8 Marla each at Mouza Rampurganda , Tehsil – Bilaspur, Dist- Yamunanagar, Haryana against payment of Rs10,000/-, Rs20,000/- & Rs40,000/- separately  to the company (o.p). The value of the said three undivided  shares of land after development will not be less than double the amount paid by the complainant  after completion of 5 years 4 months approximately . Accordingly, three certificates of property had been issued by the o.p. vide the indenture with the allotment nos as noted above. After expiry of the tenure of the indentures complainant deposited those indentures to the op-company for getting the indentured amount. OP-company responded and issued three cheques on Punjab National Bank against each of the three certificates of property. But those cheques were dishonored for insufficient fund in the account of the op. After procuring of the statement regarding  dishonoring  of the cheques complainant had tried to contact with the o.p. company so that the company might pay the assured amount but all the attempts of the complainant were fruitless as op’s local office remained closed. Complainant issued letter dt 03.06.2019 to the op claiming the matured amount but the op-company remained unmoved. Finding no other alternative complainant filed this case. Even after of expiry of the  time period  the assured amount had not been paid by the o.p. in spite of repeated attempts by the complainant. Thus, there is continuous cause of action to take recourse towards leading the case to its goal.

             On the basis of the said evidences on record which uphold that there is deficiency in service on the part of the op-company and since no challenge has been made by o.ps. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant. Thus the case is disposed of accordingly.

Hence, ordered.

            That the case no.205/2019 is allowed exparte with cost against the o.ps. The o.ps. are , jointly and/or severally, directed to pay a sum of Rs.1,45,600/-(Rupees One Lakh Forty Five Thousand and Six Hundred) only to the complainant along with compensation of Rs.10,000/- (Rupees Ten Thousand) only for harassment and mental agony and litigation cost of Rs.4,000/-  ( Rupees Four thousand ) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.