Order No. 6 dt. 25/02/2020
The case of the complainant in brief is that the complainant submitted two applications for allotment of proportionate undivided share of land with it’s development as per applications both dt 07.08.2013 before M/s Alchemist Township India Ltd, to acquire plot/ villa/ apartment in the housing project of the op-company at Park Avenue, Talwandi Bhai, Dist Firozpur , Punjab. The op in turn issued two letter of assurances under allotment no RE 04374999 dt 28.08.2013 & RE04390591 dt 28.08.2013 wherein it had been assured that the invested amount would not be less than Rs 10,70,000/ in total ( @ Rs 7.7 lakh & 3 lakh) on their respective date of maturity in the event of not accepting the allotment offered to the investor. Complainant has tried to deposit the certificates of assurance well in advance i.e. before maturity but the local Kolkata office remained closed. Thereafter complainant knocked the op time & again and issued letters on 05.04.17, 30.05.2018 & 24.12.2018 claiming the said amount of Rs10,70,000/- with interest. But the company did not respond to the prayer of the complainant. Finding no other alternative complainant filed this case praying for direction upon the o.ps for payment of the money of Rs10,70,000/- with compensation of Rs3,00,000/-for harassment and mental agony and with litigation cost of 50,000/-.
PRs & TRs show that notice have been served upon ops. But 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 photocopies of certificate of assurance of property 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.
Decision with reasons :-
Considering the submissions of the complainant and on perusal of the materials on record we find that complainant submitted two applications for allotment of proportionate undivided share of land with it’s development as per applications both dt 07.08.2013 before M/s Alchemist Township India Ltd, to acquire plot/ villa/ apartment in the housing project of the op-company at Park Avenue, Talwandi Bhai, Dist Firozpur , Punjab. The op in turn issued two letter of assurances under allotment no RE 04374999 dt 28.08.2013 & RE04390591 dt 28.08.2013 wherein it had been assured that the invested amount would not be less than Rs 10,70,000/ in total ( @ Rs 7.7 lakh & 3 lakh) on their respective date of maturity in the event of not accepting the allotment offered to the investor. Complainant has tried to deposit the certificates of assurance well in advance i.e. before maturity but the local Kolkata office remained closed. Thereafter complainant knocked the op time & again and issued letters on 05.04.17, 30.05.2018 & 24.12.2018 claiming the said amount of Rs10,70,000/- with interest. But the company did not respond to the prayer of the complainant. Finding no other alternative complainant filed this case. Even after of expiry of the said time period the assured amount had not been paid by the o.p. in spite of repeated attempts by the complainant. 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 and since the complainant has suffered due to nonpayment of the assured amount within the period we, therefore, have no other alternative but to accept the case of the complainant. Thus, the case is disposed of accordingly.
Hence, it is ordered.
that the case no. 361/2019 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.10,70,000/- (Rupees Ten Lakh seventy thousand) only to the complainant along with compensation of Rs60,,000/- (Rupees Sixty Thousand) only for harassment and mental agony and litigation cost of Rs.1,000/- (Rupees One Thousand) 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.
