Date of filing : 22.05.2018
Judgment : Dt.28.01.2020
Mrs. Balaka Chatterjee, Hon’ble Member
This petition of complainant is filed under Section 12 of the Consumer Protection Act, 1986 by Mita Das alleging deficiency in service on the part of the Opposite Parties ( referred as OP hereinafter) (1) The Director, Alchemist Township India Ltd (2) The Branch Manager, Alchemist Township India Ltd (Silpara Office).
Case of the complainant in brief is that the complainant being satisfied with the good will of OP No.1, who used to run business for Marketing Real Estate, deposited an amount of Rs.2,00,000/- (two lakh) to OP no.1 through OP No.2 as MIS fixed deposit for a period of 36 months and, accordingly the OP No.2 handed over a certificate being no. TA03131987 and bearing customer ID No. TYY0064178 dt. 04.03.2015 to the complainant and verbally assured to pay interest @12% p.a. The complainant has further stated that she surrendered the said certificate to OP No.2 and asked the OP for disbursement of maturity amount of Rs. 2,00,000/- along with interest by a letter dated 21.02.2018 but inspite of receiving said letter the OP No.1 did not take any step to refund the amount and therefore, the complainant sent the said letter to the OP No.2 but the letter returned to the complainant with postal endorsement ‘Addressee left’ and therefore finding no other way the complainant by filing the instant consumer complaint prayed for direction upon the OPs to refund maturity amount of Rs. 2,00,000/-, to pay Rs. 72,000/- towards due interest, to pay compensation to the tune of Rs.1,00,00/- and Rs. 20,000/- towards cost of litigation.
The complainant annexed certificates dt. 04.03.2015 payment advice dt. 27.01.2016. Track report. Letter dt. 29.01.2018 issued by the complainant. Notice was served but the OP no.2 did not turn up. So, the case proceeded exparte against the OP No.2 vide order dt. 18.03.2019.
The OP No.1 contested the case by filing written version denying and disputing all the allegations made out in the petition of complaint stating inter alia that the instant consumer complaint has been filed in respect of a dispute relating to a property and/or investment made in respect of the same which tantamount to ‘suit for land’ and/or ‘investment’ . Hence this case is not maintainable before this Forum and no promise has been made on the part of the OPs regarding payment of interest @ 12% p.a.
The OP No.1 has further stated that the complainant did not take any step to submit the certificate to the OP No.1 for disbursement of maturity amount.
The complainant filed evidence but neither the OP No.1 filed questionnaire nor did file evidence.
In course of argument Ld. Advocate for the complainant filed written notes of argument.
Points for determination :
- Whether there is deficiency on the part of the OP.
- Whether the OP is entitled to the relief as prayed for.
Decision with reasons :
Point No.1 & 2 - Both points are taken up for comprehensive discussion and decision.
The complainants claimed to have deposited Rs. 2,00,000/- with the OPs in a MIS fixed deposit scheme for a period of 36 months i.e. from 11.02.2015 to 11.02.2018.
In support of such contention the complainant filed copy of a Certificate being Nos.TA03131987 bearing consumer ID No. TYY0064178 issued by the OPs in favour of the complainant, On perusal of the said certificate of Allotment it appears that in response to an application dt.11.02.2015 issued from the end of the complainant for acquiring a plot /villa/Apartment in the Housing Project of OP situated at Park Avenue, Talwandi Bhai, Tehsil – Zeera, Dist – Firozpur, Punjab the OPs accepted the proposal of the complainant and agreed to offer Plot/Villa/Apartment to the complainant. It further appears from the said certificate that the OPs were agreeable to allot a plot /villa/Apartment to the complainant at other project in case of non –delivery of possession of the plot/villa/apartment in the Housing Project launched by the OPs at Park avenue Talwandi Bhai, Tehsil – Zeera, Dist Firozpur and in case of non-accepting said plot/villa/apartment by the complainant the OPs would refund the deposited amount along with compensation assessed by them after deducting applicable tax and administrative cost. It is claimed by the complainant that the said deposit was made only for three years.
However, after expiry of said period of three years the OPs neither delivered possession of the plot/villa/apartment to the complainants at any of their Housing Project nor did refund the amount. In our opinion such inaction on the part of the OPs amounts to deficiency in service. Furthermore, the complainant by swearing affidavit have stated that she has filed no claim before any Commission/Other Court/Forum.
Under such state of affairs, we are of opinion that the complainant is entitled to get the relief regarding prayer for refund of deposited amount.
Regarding prayer for interest, compensation and litigation cost. The complainant has claimed that she submitted the certificate to the Branch Office of OP by sending letter dt. 29..01.2018 & claiming disbursement of deposited amount along with interest but the said letter was returned with postal endorsement “Addressee left”. and further the complainant has claimed that the OP has promised to pay interest @ 12% p.a. However, on perusal of certificate dt. 04.03.2015 we do not find any such clause where OP was agreeable to pay interest on monthly basis. Photocopy of returned envelope filed by the complainant containing remark “left” reveals that the said remark was made on 23.02.2018 whereas postal track report filed by the complain an t reveals that then item was booked on 04.06.2018 which suggest s that the said track report obtained by the complainant in respect of different matter and, therefore not accept able.
Under such state of affairs we are not inclined to allow prayer for interest, compensation and litigation cost .
In the result, the instant consumer complaint succeeds in part.
Hence,
Ordered
That CC/304/2018 is allowed on contest. The OPs are directed to refund Rs.2,00,000/- to the complainant within two months from the date of this order. Subject to handover of certificate being Nos. TA03131987 bearing customer ID No. TYY0064178 to the OPs. If the OPs fail to refund the deposited amount within abovementioned period the OPs shall have to pay interest @ 9% p.a. till realisation thereof in full.
