DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS ,

AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

            C.C. CASE NO. _50_ OF ___2017_

DATE OF FILING : 25.04.2017  DATE OF PASSING JUDGEMENT: 10.08.2017

Present                 :   President       :  

                                 Member(s)    :    Jhunu Prasad  &  Subrata Sarker                        

COMPLAINANT        :1. Khokon Kanungo, son of late Durgapada Kanungo of 29, Anjuman Ara Begum Row, Kolkata – 33.

                                   2. Arati Kanungo wife of Khokan Kanungo, of 29, Anjuman Ara Begum Row, Kolkata – 33.

-VERSUS  -

O.P/O.Ps                   :      1. M/s Teachers’ Welfare Credit & Holding Limited of10/99, Bejoygarh Jadavpur, Kolkata -92.

                                      2.    The Managing Diector, Teachers’ Welfare Crdit & Holding Limited  , 107, Regent Estate, P.O Regent Estate, Kolkata -92.

                                      3.  The Branch Incharge/Manager, Teachers’ Welfare Credit & Holding  Limited, Garia Brach, Garia Station Road, Kalitala, P.S Sonarpur, Kolkata – 84.

__________________________________________________________________

                                                J  U  D  G  E  M  E  N  T

Jhunu  Prasad, Lady  Member    

Treating the complainant as a Consumer, under C.P. Act 1986, the complainants have sought for interference of this Forum in respect of the facts and circumstances as  complained of.

In diminutive, the case of the complainants is that, the O.Ps are having a limited company registered as above mentioned cause title as O.P No.1 and carrying on business as per Co. Act 1956 in respect of hire purchase finance, leasing finance, Insurance or Acquisition of share debenture, etc. by anybody corporate, except the shares of another Nidhi.

 Being convinced by the leaflets and proclamation issued by the O.Ps in the year of 2012 the complainants intended to deposit Rs.3,31,000/- as MIS, fixed deposit scheme and Recurring deposit scheme under the O.Ps.

Thereafter the complainants came to know that the said company has been enrolled as a NIDHI Company and published the official Gazette dated 09.09.2016 Govt. of India to be functioned and run on the basis of notification of the said Govt. in the erstwhile Ministry of law, justice and company affairs.

Thereafter due to urgent need for treatment of the elder sister of the complainant NO.1,he wanted to withdraw the total fixed deposit amount of Rs.3,31,000/-, but the O.Ps regretted the matter due to unavailability of funds and due to lack of funds and refusal of the investment concern the elder sister of the complainant No.1 hastened her death on 17.01.2016. Although the complainant No.1 had sent an application on 22.08.2015 for early releasing of fund for medical treatment of elder sister of the complainant No. 1 .

Thereafter on several times the complainants met with the O.Ps and requested to release the matured amount. The O.Ps assured the complainants that they will make payment as early as possible, but they did not do anything and deliberately ignored to pay the same.

Hence, the complainants filed the instant complaint for getting relief.

Issued notices upon the O.Ps.

In spite of receiving notices, the O.Ps neither appeared before the Forum, nor filed any written version to contest the case. 

            So, the instant case has been heard ex-parte against the O.Ps .

                        Points for Determination :-

1. Was there any negligence or deficiency in service on the part of the O.Ps?

2. Is the complainant entitled to get relief as prayed for?

                          Decision with Reasons:-

            At the time of argument the complainants and the O.P filed affidavit – in - chief, BNA and some Xerox copies of document to support of their contention.

            All the points are taken up together for consideration for the sake of argument and brevity.

            On overall evaluation of the argument advanced by the Ld. Advocate of the complainants and on critical appreciation of the case record and documents, it is evident that, the complainants deposited of Rs.3,31,000/- only to the O.Ps in different schemes on different dates .

            It is also evident from the record and documents that fixed deposit of Rs.20,000/- have not been matured and remaining amount of fixed deposit out of Rs.3,31,000/-is already been matured.

            Fact remains that due to financial problem and for treatment of elder sister the complainant No.1 requested the O.Ps for withdrawal of the total fixed deposit amount of Rs.3,31,000/-.

            Fact also remains that the complainants on several times sent letters to the O.Ps to withdraw the said fixed deposit amount, but the O.Ps intentionally and deliberately ignored to refund the amount of the complainants, which tantamount to deficiency of service within the purview of section 2(i)(g) of C.P. Act 1986.

            Moreover, all the allegations made by the complainant are unchallenged, though, the O.Ps got chance to contest and to refute the same by filing written version before the Forum, but the O.Ps deliberately failed to do the same. Therefore, there are no reasons to disbelieve the unchallenged testimony of the complainant.

            So, in light of the above observation and relying upon the aforesaid and circumstances, we are inclined to hold that the O.Ps are liable to refund total fixed deposit amount of Rs. 3,31,000/- with 9% interest upon the total amount.

            Therefore, the Forum has no hesitation to hold that the complainants have successfully proved their case and are entitled to get reliefs as prayed for and consequently the points for determination are decided in affirmative.

            In short, the complainants deserve success.

            Hence,

                         It is

                                                            ORDERED  

                That the complaint be and the same is allowed ex-party against the O.ps with cost of Rs.2,000/-.

            That the O.Ps are jointly and severally directed to refund the total fixed deposit amount of Rs. 3,31,000/- with 9% interest  from the date of deposit till its realization to the complainants within one month from the date of this order.

            Failing which the Ops shall have to pay of Rs.50/- per day till its realization as punitive damage, which shall be deposited by the O.Ps in the Consumer Legal Aid fund.

            Let plain copies of the order be supplied to the parties free of cost when applied for.

Let a copy of the order be supplied to the parties free of cost when applied for.

Member                                      Member                                                  

Dictated and corrected by me

Member

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,

                                                               ORDERED  

                That the complaint be and the same is allowed ex-party against the O.ps with cost of Rs.2,000/-.

            That the O.Ps are jointly and severally directed to refund the total fixed deposit amount of Rs. 3,31,000/- with 9% interest  from the date of deposit till its realization to the complainants within one month from the date of this order.

            Failing which the Ops shall have to pay of Rs.50/- per day till its realization as punitive damage, which shall be deposited by the O.Ps in the Consumer Legal Aid fund.

            Let plain copies of the order be supplied to the parties free of cost when applied for.

Let a copy of the order be supplied to the parties free of cost when applied for.

Member                                      Member