Date of filing : 15.06.2018

Judgment : Dt.11.2.2020

Mrs. Balaka Chatterjee, Hon,ble Member

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Mahua Nath and Dipendu Nath alleging deficiency in service on the part of the opposite parties (referred as OP hereinafter) namely (1) The Director, Alchemist, (2) Alchemist Infra Realty Ltd., Behala Branch, (3) Alchemist Infra Realty Ltd., 411-412, Ansal Tower-38, Nehru Place and (4) Alchemist Township India Ltd.

            Case of the Complainant, in brief, is that one Nityananda Ghosh booked a certificate of property issued on behalf of Alchemist Infra Realty Limited and a certificate bearing allotment No.AI4RL/RX00018227 dt.25.1.2012 was issued in favour of the said Nityananda Ghosh nominating Mahua Nath (Complainant No.1) as his legal heir and the said Mahua Nath paid Rs.1,50,000/- towards booking amount to the OPs. It is stated by the Complainants that after demise of the said Nityananda Ghosh the OPs did not refund the promised amount which would not be less than Rs.1,50,000/- as per recital of the said certificate of property but, instead the OPs communicated to the Complainant that the amount would be reinvested and, accordingly, reinvested the same and issued certificate being No.TA02792257 bearing customer ID No.TYY0092448 in favour of the Complainants for acquisition of plot/villa/apartment in the housing project launched by the OPs at Park Avenue, Talwandi Bhai, Tehsil – Zeera, Dist.-Firozpur Punjab. The Complainants have stated that as per terms of the said certificate, if the Complainants refuse to accept the plot/villa/apartment, the OPs will refund the appreciation value which would not be less than Rs.1,50,000/- along with interest. The Complainants have further stated the OPs as per their promise issued payment advice or promissory note to pay Rs.1,500/- but all the payment advice remained unpaid.

            The Complainants have further stated that they intended to file an application for withdrawal of entire amount but due to non-availability of reception counter and non-cooperation of the staff of the office of the OP the application could not be submitted. It is, further, stated by the Complainant that they sent legal notice dt.12.6.2017 through Ld. Advocate but the same had been returned with postal remark “left” and finding no other alternative way, the Complainants by filing the instant petition prayed for direction upon the OPs to refund Rs.1,50,000/- along with interest @ 18% p.a. to pay Rs.2,00,000/- towards compensation and other reliefs.

            Notices were served but the OPs did not turn up. So, the case proceeded ex-parte vide order dt.21.12.2018.

           The Complainant adduced evidence and photocopies of documents including Advocate’s letter dt.12.6.2017, certificate of property issued in favour of Nityananda Ghosh, Certificate dt.25.7.2015 issued in favour of the Complainants. Photocopies of payment advice.

Decision with reasons

The Complainants have stated that  one Nityananda Ghosh (since deceased)had booked a certificate of property issued by Alchemist Infra Realty Ltd., photocopy of ‘Certificate of property’ bearing No.AIRL/RX00018227 dt.25.1.2012 filed by the complainant supports the averment of the Complainant. The Complainants have claimed that after demise of said Nityananda Ghosh, the maturity amount has not been paid to the Complainant No.1 who is the nominee of the said Nityananda Ghosh and, further, the OPs have informed the complainants that the maturity amount of said certificate may be invested in other scheme and accordingly, have issued another certificate. A copy of certificate bearing No.TA02792257 bearing customer ID No.TYY0092448  is adduced by the complainant, wherefrom it appears that in response to an application dt. 04.07.2015 the certificate has been issued by Alchemist township India Ltd. in favour of Complainant No.1 and Complainant No.2 being the Joint applicant for availing a plot/villa/apartment in the housing project of Alchemist Township India Ltd at Park Avenue, Talwandi Bhai, Dist-Zeera Firozpur, Punjab but no document  has been filed by he Complainant to substantiate that the OPs invested the amount without obtaining permission from the complainant No.1 who is the nominee of deceased Nityananda Ghosh. Be that as it may, the certificate bearing No.TA02792257 shows that the Complainants have paid Rs.1,50,000/- for availing plot/villa/apartment in the housing project launched by the OP, Alchemist Township India. It further appears from said certificate that the said amount was deposited only for three years and in case of non-acceptance of plot/villa/apartment by the certificate holder the OP Alchemist Township India Ltd. will refund the deposited amount together with compensation assessed by the OP, depending upon the appreciation in the value of real estate and value of which will not be less than Rs.1,50,000/-. The Complainants have claimed that the OPs promised to pay Rs.1,500/- and, accordingly, issued payment advice. Copy of payment advice dt.4.8.2015, 4.9.2015, 4.10.2015, 4.11.15, 4.12.2015 and 4.1.2016 have been filed by the Complainant but on careful scrutiny of certificates, we do not find any averment or promise made by the OPs regarding payment of Rs.1,500/- and, therefore, it is not clear whether the said amount was released to refund the deposited amount. Since the said payment advice has not been realized therefore, the same has not been taken into consideration.

The Complainants have claimed that they sent legal notice dt.12.6.2017 to the OP No.1, 2 & 3 to release the maturity amount but the said letter was returned with postal remark “left”. The Complainants have filed copy of said letter but do not file said returned envelope wherefrom it could have been clear that the said letter has been returned. In absence of returned envelope, the averment of the Complainant cannot be substantiated. So, the same is not taken into consideration and said letter has not been sent to the OP No.4.

To sum up, the Complainants deposited Rs.1,50,000/- for a period of for availing of plot/villa/apartment in the housing project of the OP Alchemist Township India Ltd. but expiry of said period neither the plot/villa apartment was handed over to the Complainants nor the amount had been refunded which amounts to deficiency in service on the part of the OP and, therefore the Complainants are entitled to get relief.

Moreover, on consideration of unrebutted as well as unchallenged evidence of the Complainants we are inclined to allow the prayer of the Complainants regarding refund of deposited amount.

However, considering the circumstances, we are not inclined to allow the prayer for compensation and litigation cost.

            In the result, the Consumer Complainant succeeds in part.

            Hence

                             ordered

            That CC/359/2018 is allowed ex-parte. OPs are directed to refund Rs.1,50,000/- to the Complainants within two months from the date of communication of this order to the subject to handover of certificate being no. TA02792257.