Sri. P. Satheesh Chandran Nair (President):

The complainant filed this complaint u/s.12 of the C.P. Act 1986.

2. The case of the complainant is as follows.  The complainant he who availed a financial scheme with 1^st opposite party for purchasing a building plot for him.  The 2^nd opposite party directly approached to the complainant and given all kinds of assurance for the reliability of the said scheme.  The 2^nd opposite party made to believe that after the 66^th months payment the opposite parties would give 2500 sq yard property worth Rs. 1,25,000/- and 400 sq yard

property worth Rs.30,000/- to the complainant.  It is contented that the complainant remitted a regular installment payment up to 48^th month through the 2^nd opposite party.  After the completion of the 48^th installment to the 2^nd opposite party he was not accepted any amount from the complaint due to the prohibition of SEBI for the realization.  According to the complainant he paid an amount of Rs.48X2000=96,000/- and for another plan he paid 48X480=23,040/- to the opposite party.  The complainant had paid an amount of Rs.1,19,040/- to the opposite party as per the above two plans.  Though the opposite party demanded the compliance of the assurance the opposite parties were reluctant to the comply it.  The complainant issued lawyers notice on 20/07/2017 to the opposite parties but it was also in vain.  Hence this case for refund of the remitted amount along with interest, compensation, cost etc. etc.

     3. This forum entertained the complainant and issued notice to the opposite parties for appearance.  Though the 2^nd opposite party entered appearance and filed version, the 1^st opposite party did not appear before this Forum hence the 1^st opposite party was declared ex parte. The version of the 2^nd opposite party is as follows.  According to the 2^nd opposite party the 1^st opposite party is the real estate company and engaged in the business of sale and development of agricultural land to its customers.  It is contented that the company did not receive any deposit from the complainant as alleged by the complainant and the company received only advance consideration for the purchase of plot.  It is also contented that as per the agreement executed between the parties there is an arbitration clause for the redressal of any complainant.  The complainant has to invoke the said clause if any grievances cited.  The complainant has redressal of any complaint.  It is further contented that the central Bureau of Investigation (CBI) has freeze the accounts and property of the 1^st opposite party so that the 1^st opposite party approached before the High Court Delhi for a redressal.  For the above reason the opposite parties are not in a position to refund the amount to him.  It is further contented that the complainant has no right to claim any relief from the opposite parties.  Therefore the opposite parties prayed to dismissed the complainant with cost. 

4. On the basis of the complaint, version and records before us we framed the following issues for consideration.

1. Whether the complaint is maintainable before this Forum?
2. Whether the opposite party committed any deficiency in service against the complainant?
3. Regarding the relief and costs?

5. In order to prove the case of the complainant, the complainant he who examined as PW1 and marked Ext.A1 to A10 in his favour.  Ext.A1 is the registration letter dated 21/02/2011.  Ext.A2 is the registration letter dated 21/02/2011.  Ext.A3 series is the payment of 24 receipts as per Ext.A1 plan.  Ext.A4 series shows and another 24 no. receipt payments for Ext.A2 plan.  Ext.A5 is the Advocate notice dated 19/07/2017.  Ext.A6 is the postal receipt dated 20/07/2017.  Ext.A7 is the Acknowledgement card.  Ext.A8 is the reply notice dated 04/08/2017.  Ext.A9 is the reply notice dated 11/08/2017.  Ext.A10 is the ‘returned advocate notice’ which was issued against the 1^st opposite party.  Though the 2^nd opposite party appeared before this Forum and filed the above said version she did not cross examine the PW1 or adduced any evidence on their favour.  After the closure of evidence we heard the complainant.  Though we issued notice to the 2^nd opposite party for co-operating with the trail of the case the 2^nd opposite party evaded all the further proceedings.

6. Point No.1:- When we evaluate the contents of the 2^nd opposite party’s version it is reveal that through this version she is totally defending the 1^st opposite party.  It is also proved that the 2^nd opposite party failed to raise any of her defense through the version.  It is also admitted that the 1^st opposite party collected the sum of amount for allotting house plot to the complainant through 2ns opposite party.  Therefore Point No. 1 found in favour of the complainant. 

                   7. Point No.2 & 3:- The complainant he who filed a proof affidavit and deposed that he remitted a total amount of Rs. 1,19,040/- to the 1^st opposite party through the 2^nd opposite party by believing the 2^nd opposite party.  According to PW1, on the basis of the assurance given by the 2^nd opposite party, he remitted the whole amount to the 1^st opposite party.  In order to substantiate the said contention PW1 produced and marked Ext.A1 registration letter dated 21/02/2011.  It shows that the last date of payment is on 21/08/2015 and it commenced on 21/02/2011.  Ext.A2 dated 21/02/2011 shows that the complainant joint for another plan for the purchase of 400 sq yard for property and the said plan (scheme) will expire on 21/08/2016.  Ext.A3 series is the payment of 24 receipts as per Ext.A1 plan and Ext.A4 series shows another 24 receipts payment for Ext.A2 plan.  According to the PW1 as per Ext.A3 and A4 he paid a total amount of Rs. 96,000+23,040=1,19,040/- to the opposite parties under the above scheme. Ext.A5 to A7 are advocate notice, postal receipt and acknowledgement receipt to the opposite parties respectively.  Ext.A8 is the reply notice dated 04/08/2017 issued by the 2^nd opposite party against the complainant’s counsel and Ext.A9 dated 11/08/2017 is a rectification notice issued by the 2^nd opposite party’s counsel against the complainant’s counsel.  Ext.A10 is the ‘returned’ advocate notice which was issued against the 1^st opposite party.  In the light of the above evidence we can see that the complainant succeeded to prove his case with sufficient evidence.  It is also to be noted that though the 2^nd opposite party filed a version as aforesaid she failed to co-operate with the trial of the case.  It is also interesting to see that though the 2^nd opposite party filed a version the said version was a full defense in favour of the 1^st opposite party.  Therefore we can see that the evidence adduced by PW1 was unchallengeable as far as this case is concerned.  Therefore we find that the complaint is allowable and the 1^st and 2^nd opposite party are jointly and severally liable to the complainant.  Hence, point No. 2&3 found in favour of the complainant.

                   8. In the result we pass the following orders.  

1. The opposite parties are hereby directed to pay the deposited amount of Rs.1,19,040/- (Rupees One Lakhs Nineteen  Thousand Forty Only) to the complainant with 10% interest from the date of filing of this case onwards i.e., 03/10/2017.

2. The opposite parties are also directed to pay a compensation of Rs.10,000/- (Rupees Ten Thousand Only) along Rs.3,000/- (Rupees Three Thousand Only) as cost to the complainant with 10% interest from the date of receipt of this order onwards.  

Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30^th day of July, 2018.

                                                                                              (Sd/-)

                                                                    P. Satheesh Chandran Nair,                                                                                                                                                                                                                                              

                                                                                         (President)

Smt. Sheela Jacob (Member):   (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1: Jooby Joy.

Exhibits marked on the side of the complainant:

A1: Registration letter dated 21/02/2011.

A2: Registration letter dated 21/02/2011. 

A3 series: payment of 24 receipts as per Ext.A1 plan.

A4 series: 24 no. receipt payments for Ext.A2 plan. 

A5 Advocate notice dated 19/07/2017. 

A6: Postal receipt dated 20/07/2017.

A7: Acknowledgement card.

A8: Reply notice dated 04/08/2017. 

A9: Rectification notice dated 11/08/2017. 

A10: Returned advocate notice which was issued against the 1^st opposite party.

Witness examined on the side of the opposite parties: Nil.

Exhibits marked on the side of the opposite parties: Nil.

(By Order)

Copy to:-

1. Jooby Joy,

S/o. Joy Thomas, Vattavilayil, Nedumon P.O.,

Ezhamkulam Village, Adoor Taluk-691 556.

2. The Managing Director,

P.A.C.L India Ltd., Corporate Office, 28, 7^th floor,

Gopadas Bhavan, Barakhamba Road, New Delhi – 110 001.

(Set Ex parte on 16.01.2018)

3. Smt.Pushpalatha,

W/o. K.L.Sudarshanan, Bharatham Veedu, Nedumon P.O.,

Mankoottam, Ezhamkulam Village,

Adoor Taluk- 691 556.

4. The Stock File.