Date of Filing : 05/05/2017
Order No. 10 dt. 17/01/2018
The case of the complainant in brief is that the complainant invested an amount of Rs.10,00,000/- for allotment of proportionate undivided share of land and development charges as per allotment no AIRL/RXX0100110dt 07.09.2012 with M/s Alchemist Infra Realty Ltd,Golpark,8A Ballygaunge Terrace, Kolkata-700020 by acquiring an undivided portion of land measuring an area of 1762.20 kanal at Behanta & Tilla, tehsil kolarash, Dist Shivpuri, Madhya Pradesh . The estimated value of the said undivided share of land after development is expected to be not less than rs 10,00,000/- After expiry of the said time period the complainant repeatedly requested the o.p. for the land after depositing the Certificate of Property on 08.07.2015 at Amtala Branch of the company. Complainant thereafter caused to issue legal notice on 07.03.2017 asking refund of the matured value with interest of @18% p.a from due date up to the date of full realization within 15 days. But such attempt had also been proved to be a fruitless effort. Finding no other alternative complainant filed this case praying for direction upon the o.ps for payment of Rs 10,00,000/-along with compensation of Rs.10,00,000/- for harassment and mental agony with litigation cost.
PR & TR showed that notice had not been served upon the ops. Complainant took initiative for issuing notice through paper publication in the daily news paper the Telegraph. But the ops did not contest this case by filing w/v and as such, the case has been proceeded ex-parte against the o.ps.
On the basis of the pleadings of the complainant following points are to be decided:-
- Whether there was any deficiency in service/utp on the part of the o.ps?
- Whether the complainant will be entitled to get any relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Considering the submissions of the complainant and on perusal of the materials on record it is evident that the complainant invested an amount of Rs.10,00,000/- for allotment of proportionate undivided share of land with its development as per allotment no AIRL/RXX0100110dt07.09.2012 with the op-1 .The estimated value of the said undivided share of land as decided by the company after development is to be not less than Rs 10,00,000/- After expiry of the said time period the complainant repeatedly requested the o.p. for the land after depositing the Certificate of Property on 08.07.2015 .
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 of Property of Rs10,00,000/- issued by the o.p. Due to unchallenged testimony of the complaint 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. Even after of expiry of the said time period the assured amount had not been paid by the o.p. in spite of repeated request by the complainant. On the basis of the said evidences on record and since no challenge has been made by o.p. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant. There was failure of assurance as well as deficiency in service on the part of the o.p.s. Therefore, complainant is entitled to get relief. Thus the case is disposed of accordingly.
Hence, it is ordered
that the case no. CC/162/2017 is allowed ex-parte with cost against the o.ps. The o.ps are jointly and/or severally directed to pay a sum of Rs.10,00,000/-(Rupees Ten Lakh) only to the complainant along with compensation of Rs.70,000/- (Rupees seventy Thousand) only for harassment and mental agony and litigation cost of Rs.5,000/-(Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
