Judgment : Dt.28.11.2017
Shri S. K. Verma, President.
This is a complaint made by one Tapash Kumar Chowdhury and Dolly Chowdhury, both residing at 56/6, Maha Rani Indra Devi Road, Parnasree, P.S.-Parnasree, Kolkata-700 060 against The Director, Alchemist Township India Ltd., 411,412, Ansal Tower, 38, Nehru Place, New Delhi-110 019, OP No.1 and The Branch Manager, Alchemist Township India Ltd., 145A, Diamond Harbour Road, 2nd flr., P.S.-Thakurpukur, Kolkata-700 008 praying for a direction upon the O.P. to return the principle amount of Rs.3,00,000/-, with the due interest amounting to Rs.53,000/- and further direction to pay compensation of Rs.1,00,000/- for harassment and mental agony and also to pay litigation cost of Rs.15,000/-.
Facts in brief are that OP No.1 runs business for marketing real estate and other similar type of products. OP No.2 is branch office of OP No.1 On the basis of goodwill of OP No.1, Complainant deposited a sum of Rs.3,00,000/- to OP No.1 through OP No.2 on different dates viz. 28.10.2013, 30.11.2013 and 19.2.2014 for Rs.1,00,000/- on each date being certificates (a) No.TA01422916 and customer ID No.TYY0018496 dt.18.11.2013, (b) No.TA01422914 and customer ID No.TY00005297 dt.21.12.2013 and (c) No.TA05122622 and customer ID No.TY000007522 dt.12.03.2014 . The said certificates matured on 28.10.2016, 30.11.2016 and 19.02.2017 respectively. At the time of handing over the certificates, OP No.2 verbally told Complainant that this deposit will carry interest @ 12% p.a. OP No.2 has paid monthly interest for 20, 19 and 16 months respectively in place of 36 months. Complainant surrendered the original certificate on 19.01.2016. Complainant wrote letter dt.9.2.2017 to OPs requesting to refund maturity claim of Rs.3,00,000/- along with balance interest against the above three certificates. Despite receipt of the letter OPs remained silent regarding the grievances of the Complainant. Complainant requested to refund the monthly claim but OP did not oblige. So, Complainant filed this case.
OP filed written version where they have denied the allegations of the complaint. They have further stated that this Forum does not have territorial jurisdiction to determine the complaint. Further, they have alleged that dispute relates to land and so this Forum does not have jurisdiction, in addition they have denied the allegations specifically and prayed for dismissal of this complaint.
Decision with reasons
Complainant filed evidence on affidavit where he has reiterated the facts mentioned in the complaint petition. Against this OPs have filed questionnaire to which Complainant filed affidavit-in-reply. OPs filed evidence to which Complainant filed questionnaire to which OPs did not file affidavit-in-reply.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
On perusal of the prayer portion, it appears that the Complainant has prayed for refund of Rs.4,68,000/- from the OP and compensation and litigation cost.
In this regard, it appears that OPs have received the original certificate for which they have put an endorsement on Annexure B & C. Further, it appears that a letter was written by OPs to the Complainant stating that they shall refund the amount received together with compensation and which shall not be less than Rs.1,00,000/- for each certificate.
So, we are of the view that Complainant is entitled to refund of Rs.3,00,000/- with compensation of Rs.10,000/- and litigation cost of Rs.5,000/-.
Hence,
ordered
CC/141/2017 and the same is allowed on contest. OP is directed to refund Rs.3,00,000/- to the Complainant within two months of this order, in default this amount shall carry interest @ 10% p.a. In addition, they are directed to pay Rs.15,000/- as compensation and litigation cost within the above period, in default this amount shall also carry 10% p.a. The liabilities of OPs are joint and several.
