Order-10.
Date-14/07/2017.
Shri Kamal De, President.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant’s case, in short, is that complainant invested an amount of Rs.40,000/- with the OPs, Alchemist Infra Realty Ltd. certificate being allotment No.AIRL/RXX0069730, date of maturity was 12-03-2015 and the matured amount stated to be not less than Rs.40,000/-. The complainant personally visited the office of OP1 several times and requested the Ops to make payment of the aforesaid maturity amount to the complainant in lieu of the original certificate but the OPs received the original certificate on 16-04-2015 from the complainant but they have failed and neglected to pay the matured amount to the complainant. On several times the complainant visited the office of the OP1 and lastly on 15-02-2017 but the staff of the OPs exhibited a rude behaviour and refused to make payment of matured amount. The complainant, thereafter, sent three letters to the OPs by speed post on 17-02-2017 claiming the maturity amount but the OPs failed and neglected to pay the maturity amount till date. It is alleged that the OPs with some mala fide intention did not make payment and have indulged in unfair trade practice. The complainant has also alleged deficiency of service against the OPs. Complainant has prayed refund of Rs.40,000/- along with bank interest and other reliefs in terms of the prayer in the petition of complaint.
Despite sending of summons and subsequent newspaper publication OPs have not appeared in this case to contest the case and the case has proceeded ex parte against the OPs.
Point for Decision
- Whether the OPs have indulged in unfair trade practice?
- Whether OPs are deficient in rendering service to the complainant?
- Whether the complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have perused the documents on record, i.e. Xerox copy of certificate of property, Xerox copy of letter dated 17-02-2017 addressed to the OP by the complainant and other documents on record.
It appears that the complainant deposited an amount of Rs.40,000/- with the OPs for a span of three years, the date of investment was 12-03-2012 and the date of maturity was 12-0-2015. It appears from the materials on record the complainant received a sum of Rs.400/- by cheque as an interest in respect of such investment. We also find that the OPs would be liable to pay an amount of Rs.40,000/- at the time of maturity i.e. 12-02-2015. We also find that the complainant submitted all relevant papers documents including the original certificate before the OPs on 06-04-2015. But she has not received any amount from the Ops. we find that the OPs failed and neglected to pay the maturity amount to the complainant even after date of maturity. The complainant also took up the matter with the office of the OPs, wrote letters but to no result. We think that the OPs have utilized the invested amount of the complainant for their own benefit and ulterior gain. We think that OPs have been deficient in rendering service to the complainant and have also indulged in unfair trade practice as such. OPs were liable to pay an amount of Rs.40,000/- to the complainant after the expiry of the date of maturity but OPs failed and neglected to pay matured amount to the complainant till date as alleged. The act and activities of the OPs constitute deficiency in service and unfair trade practice.
None came from the side of the OPs to challenge or controvert the case of the complainant. The Evidence on Affidavit filed by the complainant remains unchallenged and uncontroverted. In absence of any contrary and controverting materials on record and having regard to the documents on record we think that the complainant is entitled to get the relief as prayed for.
Consequently, the case merits success.
Hence,
Ordered
That the complaint be and the same is allowed ex parte but on merit against the OPs.
OPs are directed to refund the amount of Rs.40,000/- being the matured amount of the certificate of property in question along with interest at the rate of9 percent p.a. from the date of maturity i.e. 12-03-2015 till compliance within one month from the date of this order.
OPs are also directed to pay an amount of Rs.10,000/- as litigation cost to the complainant within the stipulated period.
OPs are directed to pay an amount of Rs.5,000/- to the complainant for causing mental pain, agony and harassment within the said stipulated period.
Failure to comply with the order will entitle the complainant to put the order into execution under appropriate provision in C.P. Act.
