FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
The facts, as stated in the complaint and emerged from the documents attached with it, are that Alchemist Infra Reality Ltd. is a Financial Institution. OPs 3 and 5 are the Directors of OP-1. Complainant and Dipti Mitra since deceased jointly invested Rs. 8,85,000/- to the OP-1 on 23.08.2013, 11.11.2013, 03.01.2015 and 05.01.2016 for a period of 03 years for acquire of plot/villa apartment in the housing project of OP-1 at Park Avenue, Talwandi Bhai, District-Firozpur, Punjab against customer ID Nos. TYY0009560, TYY0015930, TYY0041358 and TYY0086153. Despite expiry period of 03 years, the OP-1 did not allot any plot/villa/apartment in their Housing Project at Park Avenue, Talwandi Bhai, District-Firozpur, Punjab to the complainant and Dipti Mitra, since deceased. Even, the OPs did not refund the redemption amount of Rs. 8,85,000/- till the date of filing of the instant case despite several request. Due to non-payment of redemption amount, complainant has suffered mental agony and pain alleging deficiency in service and unfair trade practice the complainant has filed the instant consumer case against the OPs.
Despite service of notices, OPs did not file their WV within the statutory period as provided in the CP Act, 2019. Thus, the consumer case runs ex parte against the OPs.
Complainant Bunti Singh has filed her evidence supporting the allegations made in the complaint petition. Complainant has also filed various documents in support of her case. Despite given opportunities, the OPs have failed to file their WV.
We have considered the argument of the Ld. Advocate for the complainant and examined the record.
It is not in dispute that the complainant and Dipti Mitra, since deceased jointly invested Rs. 8,85,000/- to the OP-1 on 23.08.2013, 11.11.2013, 03.01.2015 and 05.01.2016 for a period of 03 years for acquire of plot/villa apartment in the housing project of OP-1 at Park Avenue, Talwandi Bhai, District-Firozpur, Punjab against customer ID Nos. TYY0009560, TYY0015930, TYY0041358 and TYY0086153. On expiry of 03 years the OPs did not refund the redemption amount to the complainant being the joint applicant. Another joint applicant Dipti Mitra died as it appears from the photocopy of death certificate issued by the KMC. The complainant being one of the co applicants filed the instant complaint.
Complainant in her affidavit did support the allegations made out in the complaint. Therefore, it cannot be said that complainant has failed to prove deficiency in service and unfair trade practice of the OPs. The act of the OPs is a clear case of deception, which resulted in the injury and loss of opportunity to the complainant. Had the complainant not invested her money to the OPs, she would have invested the same elsewhere. Complainant cannot be wait indefinitely to get the matured amount. Complainant has suffered mental agony and harassment. It is settled principal of law that the compensation should be commensurate with loss of suffered and it should be just, fair and reasonable and not arbitrary. In these circumstances, the complainant is entitled to get the redemption amount of Alchemist Township India Ltd. along with compensation and litigation cost.
Based on the discussion above, the Consumer Case is allowed in part ex parte against the OPs with the following directions:-
- OPs are jointly and severally directed to pay redemption amount of Rs. 8,85,000/- (Rupees eight lac eighty five thousand) only to the complainant against customer ID Nos. TYY0009560, TYY0015930, TYY0041358 and TYY0086153.
- OPs are jointly and severally further directed to pay Rs. 50,000/- (Rupees fifty thousand) only as compensation to the complainants on account of mental agony and physical harassment.
- OPs are also directed to pay Rs. 10,000/- (Rupees ten thousand) only towards litigation cost to the complainants.
The above directions be complied by the OPs within a period of 60 days from today. For failure or omission in compliance within the stipulated period, the complainants shall be at liberty to put the order in execution as per CP Act.
Copy of the judgment be supplied to the parties free of cost as per CP Act. Upload the judgment on the website of this Commission for perusal of the parties.
