SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application u/s.12 of the C.P. Act, 1986.

The complaint case, in brief, is as follows :-

            The OP-1 Alchemist Township India Ltd. launch a deposit scheme to the public at large for investment against acquire of plot / villa / apartment at Park Avenue, Talwandi Bhai, Tehsil -Zeera, Dist. Firozpur, Punjab and the complainants invested Rs.16,50,000/- to the OP-1 on 23.02.2014 and 02.05.2014. The OP-1 issued certificates being No. TA00277197, TA00752936 and TA05072550 dated 23.02.2014 and 02.05.2014 respectively  in favour of the complainants and the period of allotment is for 36 months each. The maturity date of those certificates were 02.02.2017 and 14.04.2017 respectively. On conclusion of the contract, the OPs did not take any positive step to complete the project. In spite of maturity the O.Ps. did not refund the maturity amount of those certificates. It is further alleged that the OPs have adopted unfair trade practice towards discharging their duties and liabilities. The complainants have prayed for refund of the invested amount including other reliefs in terms of the consumer complaint.

            In spite of service of notices the OPs did not turn up to contest the case.  As such, the case has proceeded ex parte against the OPs.

Decision with Reasons

To establish their case the complainant-1 Tapan Kumar Biswas has filed evidence on affidavit and also produced photocopies of certificates being No. TA00277197, TA00752936 and TA05072550 dated 23.02.2014 and 02.05.2014. On perusal of those documents, we find that the Complainants invested Rs.16,50,000/- to the O.P.-1  against certificates No. TA00277197, TA00752936 and TA05072550 dated 23.02.2014 and 02.05.2014 to acquire plot / villa / apartment at Park Avenue, Talwandi Bhai, Tehsil Zeera, Dist. Firozpur, Punjab and the tenure of certificate is 02.02.2017 and 11.04.2017.  In spite of maturity the O.Ps. did not refund the maturity value of the certificates to the complainants.

            We do not find any reason why the OPs collected the amount from the depositors by issuing certificates and hold the amount as per their own discretion. Even the OPs failed and neglected to take any positive step to complete the project at Park Avenue, Talwandi within the district of Firozpur, Punjab. Therefore, we hold that the OPs demonstrated a gesture of deficiency in service and indulged in unfair trade practice.  OPs have also caused harassment, mental pain and agony to the complainant.

            Complainants corroborate their case by adducing evidence on affidavit and producing documents.  The evidence of the complainants remain unchallenged and uncontroverted.  In absence of any contrary and controverting materials and documents on record, we are of the opinion that the complainants have been able to prove their case of deficiency of service and unfair trade practice against the OPs.  As such, the complainants are entitled to get relief as prayed for.

            In the result, the case succeeds.

Hence,

Ordered

That the complaint case be and the same is allowed ex parte against the OPs with litigation cost of Rs.2,000/- (Rupees Two thousand) only.

            OPs are jointly and severally directed to refund Rs.16,50,000/-(Rupees Sixteen  Lacs Fifty Thousand) only to the complainants within 45 (forty five) days from the date of this order along with litigation cost failing which the complainants are entitled to get interest  at the rate of 5 percent P.A. on the decreetal amount w.e.f. 27.07.2017.

            OPs are also directed to deposit Rs.5,000/- (Rupees Five thousand) only to this Forum as punitive damage for practicing unfair trade within the stipulated period.

Liberty be given to the complainants to put the order in execution, if the OPs transgress to comply the order.