DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE NO. __89_ _ OF ___2016

DATE OF FILING :_26.8.2016         DATE OF PASSING JUDGEMENT:  31.8.2018

Present                 :   President       :  

                                 Member(s)    :    Subrata Sarker  & Jhunu Prasad

COMPLAINANT   :            Rajat Kumar Halder, son of late Gobinda Prasad Halder, Vill.- Uttar Hajipur, P.O & P.S Diamond Harbour, South 24-Parganas.

•  VERSUS  -

O.P/O.Ps                    : 1. Branch Manager, M/s Alchemist Township India Ltd. Vill. Amtala, P.O Konnanagar, P.S Bishnupur, South 24-Parganas.

                                    2.   K.D Singh, Director, M/s Alchemist Township India Ltd. SCO 232-233, 3^rd floor, Sector-34A, Chandigar U.T.

                                    3.   President/Secretary /General Manager/Managing Director, M/s Alchemist Township India Ltd. SCO 232-233, 3^rd floor, Sector-34A, Chandigar U.T

                                     4.    Ranjit Mondal (Pradip), Agent Code.10049582, son of Subodh Mondal, Vill. Vagabanpur( Hospital Para, Dr. Pal Goli), Ward no.04, P.O & P.S  Diamond Harbour, South 24-Parganas.

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                                                J  U  D  G  M  E  N  T

Sri Ananta Kumar  Kapri, President

               The facts leading to the filing of the instant case by the complainant may be epitomized as follows.

               The complainant invested huge sums of money with the O.P company in his own name and in the name of his mother namely Ranjita Halder, aged about 70 years. It is his allegation that they were conned into investing a fabulous sums of money with the O.P company for a fixed term at an interest of 12% p.a. They deposited the money in five certificates – 1) Customer ID no. TYY0069571 for Rs.3 lac on 4.5.2015 to be matured on 13.4.2018;  2) Customer ID no.TY00015659 for Rs.1 lac on 16.4.2015 to be matured on 26.3.2018;  3)  Customer ID no.TYY0072510 for Rs. 3 lac on 13.7.2015 to be matured on 22.6.2018;  4)  Customer ID no. TYY0072343 for Rs.1 lac on 30.7.2015 to be matured on 12.6.2018, and 5)  Application ID no.TB00166617 for Rs.60,000/- on 20.5.2016 for a term of 6 years.  The O.P company also agreed to pay interest month by month @12% p.a to the complainant in case of four certificates mentioned under Serial no.1 to 4 . But neither any interest nor the maturity value of those certificates was paid to the complainant by the O.P company. In case of Serial no.5,mentioned above even no certificate was delivered by the O.P company to the complainant. So, the complainant has filed the instant case, praying for return of entire amount of Rs.8,60,000/- with interest @12% p.a and compensation etc. Hence, this case.

                The service of notice has been made upon the O.Ps . But they have not turned up to contest the case. Hence, the case is heard exparte against them. 

                 Evidence on affidavit along with the documents  is filed on behalf of the complainant , which are kept in the record.

DECISION WITH REASONS

               It is to be seen now whether the O.P company is guilty of deficiency in service as alleged by the complainant. The complainant has stated on oath that he invested Rs.8,60,000/- with the O.P company , and that the O.P company agreed to pay interest @12% p.a . He has filed four documents vide Annexure 1 issued by the O.P company . The documents go to prove that the company received the amount of Rs.8 lac in so far as the certificates mentioned under Serial nos. 1 to 4 above are concerned. The complainant has also filed a computer generated document, which goes to show that Rs.60,000/- has also been received by the O.P company from the complainant for a term of six years. All these evidences go unchallenged and  uncontradicted and there is nothing to disbelieve the evidence of the complainant. Relying upon the unchallenged evidences of the complainant we feel constrained to say that the complainant deposited Rs.8,60,000/- with the O.P company and the O.P company has returned neither the interest nor the maturity value of those certificates which is deficiency in service on the part of O.Ps/company. The complainant is, therefore, entitled to get refund of Rs.8,60,000/- along with agreed rate of interest i.e 12% p.a.

              In the result, the case succeeds .

               Hence,

ORDERED

             That the complaint case be and the same is decreed exparte against the O.Ps with a cost of Rs.5000/- .

             The O.Ps , who are jointly and severally liable for making payment to the complainant, are directed to return Rs.8,60,000/- to the complainant with interest @12% p.a as agreed upon  from the date of each payment of the certificates till the date of realization, within a month of this order, otherwise, the complainant is given liberty to recover the amount by execution of this award through instrumentality of the Forum.

            Considering the facts and circumstances of the case, no compensation is , however, awarded to the complainant for harassment and mental agony suffered by him.

         Let a free copy of this order be given to the parties concerned at once.   

                              Member                                            Member

Dictated and corrected by me

                           Member