Date – 03.01.2022

MRS.  SAGARIKA  SARKAR

                               Member

Case of the complainant, in brief, is that the complainant being attracted with the advertisement of the Opposite Party No.-1, invested the amount of Rs.30,000/-, Rs.45000/- and Rs.36,000/- on 15.07.2013 for the housing project of the opposite parties. Thereafter, the opposite party – Alchemist Township India Ltd. issued certificates in favour of the complainant where the opposite party stated that in the event of not accepting allotment of plot/villa/apartment, the opposite party shall refund the amount received, together with compensation assessed by them, which in any event shall not be less than Rs.30,000/-,  Rs.45000/- and Rs.36,000/-  after the expiry of five years three months, five years three months and five years two months respectively. It is stated in the petition of complaint that the complainant after expiry of the stipulated time, requested the opposite parties to hand over the apartment to her but she found that no construction work has been started at Talwadi, Punjab.  The complainant informed the said matter to the opposite party but she received no reasonable answer from the opposite party.  It is further stated in the petition of complaint that the complainant on several occasions requested the opposite parties to refund the maturity amount of Rs.1,11,000/- in favour of her but opposite parties preferred to remain silent.  Finding no other way complainant files this case praying for direction upon the opposite parties to refund Rs.1,11,000/- along with compensation of Rs.1,50,000/- and litigation cost of Rs.50,000/- to the complainant.

Notice was duly served upon o.p. nos. 2 and 5 and notice was duly served through news paper publication upon other o.ps. In spite of that none present on behalf of opposite parties.   Hence, the case was proceeded ex parte against the opposite parties vide order no. 11 dated 02.09.2021.

Decision with reasons

The complainant adduced the certificates issued by the opposite party - Alchemist Township India Limited and money receipt in order to prove her case.  It appears from the money receipt that the complainant deposited Rs.30,000/-, Rs.45000/- and Rs.36,000/- on 15.07.2013 with the opposite party. It further appears from the certificates issued by the opposite party the opposite party shall refund the amounts received together with compensation assessed by them, depending upon appreciation in the value of Real Estate, which in any event, shall not be less than Rs.30,000/-, Rs.45000/- and Rs.36,000/-  after expiry of the period of five years three months, five years three months and five years two months respectively.  It is therefore, evident that the opposite parties have deviated from the promise of disbursement of the deposited amount.  Deviation from the promise amounts to deficiency in service on the part of the opposite parties as Section 2(II) of Consumer Protection Act, 2019 runs as follows,

 “deficiency means any fault, imperfection, shortcoming or inadequency in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in forced or has been undertaken to be performed by a person in pursuance of a contact or otherwise in relation to any service”.

Since no challenge has been made by the Opposite Parties to controvert the demand for the complainant we, therefore, have no other alternative but to accept the case of the complainant. Further it appears from the unchallenged evidence adduced by the complainant that the said amounts is also payable on the date of maturity of the deposited amount. Since, the said amount is lying with the opposite parties, the complainant as per our assessment is entitled to get compensation and litigation cost.

In the result the consumer complainant succeeds.

Court Fee paid correct.

Hence, it is,

O R D E R E D

That consumer complaint case being No. 50/2020 is allowed ex parte with cost against the opposite parties.

The opposite parties are directed jointly and severally to refund Rs.1,11,000/- (Rupees One lakh Eleven thousand only) along with Rs.6,000/- (Rupees Six thousand only) towards compensation and Rs.4,000/- (Rupees Four thousand only) towards litigation cost to the complainant within One (1) month from the date of this order, failing which the entire amount shall carry interest @6% P.A. for the default period till the date of realization.

Let plain copy of this order be given to the complainant free of cost.