DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. 127_ OF ___2016
DATE OF FILING : 25.11.2016 DATE OF PASSING JUDGEMENT: 03.01.2018
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : 1. Ashoke Kumar Hazra, son of late Abani Hazra of P/44, Babu Bagan Lane, P.O –Dhakuria, P.S Lake Thana, Kolkata -700031.
2. Soma Hazra, wife of Ashoke Hazra, of P/44, Babu Bagan Lane, P.O –Dhakuria, P.S Lake Thana, Kolkata -700031.
-VERSUS -
O.P/O.Ps : 1. M/s Teachers ‘Welfare Credit & Holding Limited, 10/99, Bejoygarh, Jadavpur, Kolkata – 700 092.
2. The Managing Director, Teachers’ Welfare Credit & Holding Limited, 107, Regent Estate, P.O Regent Estate, Kolkata-700092.
3. The Branch Incharge/Manager, Teachers’ Welfare Credit & Holding Limited, Garia Branch, Garia Station Road, Kalitala, P.S Sonarpur, Kolkata – 700084.
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J U D G E M E N T
Sri Ananta Kumar Kapri, President
Persistent refusal of the O.Ps to allow the refund of the money under the policy of the complainants before the maturity period has galvanized the complainants to file the instant case under section 12 of the C.P Act 1986 ,praying for payment of the money deposited with the O.Ps, compensation and cost of litigation.
The facts leading to the rise of the instant case may be epitomized as follows:
The complainants invested Rs.5,01,000/- in Monthly Income Scheme and fixed deposit scheme of the O.Ps on different dates. Thereafter, after lapse of several years, they wanted to withdraw the said money as the complainants were in dire necessity of money. But they were not allowed to withdraw the money by the O.Ps and , therefore, the complainants have come up before this Forum with filing of the instant case, praying for passing an order directing the O.Ps to refund the deposited amount of Rs.5,01,000/- with accrued interest, make payment of Rs.3,50,000/- as compensation for mental agony and harassment and Rs.30,000/- as litigation cost. Hence, the case.
Notice of the Forum was served upon the O.Ps through paper publication and inspite of such publication they have not appeared before the Forum and ,therefore, the case is heard exparte against them. 2
Points for determination :-
- Are the O.Ps guilty of deficiency in service for not releasing the money in favour of the complainants?
- Are the complainants entitled to relief or reliefs as prayed for ?
Evidence of the Parties :-
On behalf of the complainants one Affidavit-In-Chief has been filed and the same is kept in the record. The documents produced on behalf of the complainants are also kept in the record.
DECISION WITH REASONS
Heard the submissions of the ld. Lawyer appearing for the complainants. Perused the affidavit-in-chief and the documents filed on behalf of the complainants.
Considered all these.
It is the case of the complainants that they deposited Rs.5,01,000/- with O.P-1, 2 and 3 in Fixed Deposit Scheme and Monthly Income Scheme. It has been so stated by the complainants in the affidavit-in-chief filed by them. It is also stated by them in their affidavit that they were in dire necessity of money and ,therefore, they wanted to withdraw the money from the two aforesaid schemes before the maturity. But the O.Ps did not allow the complainants to withdraw the money at premature stage and ,therefore, this complaint is filed by the complainants.
The O.Ps have not turned up to contest the case and this fact of the O.Ps not desiring to contest the case implies that the O.Ps have nothing to deny whatever is stated by the complainants. The evidence of the complainants goes un-rebutted. Regards being had to this aspect of evidence, we find no reason to disbelieve what is stated by the complainants.
That apart, complainants have filed some documents from which it is established that the complainants deposited Rs.5,01,000/- on various dates with the O.Ps vide Annexure F kept in the record. They have also filed photocopies of their policies issued from time to time in favour of the complainants by the O.Ps and these policies are marked as Annexure “C “.
On perusal of these policies it is found that the O.Ps agreed to pay interest @12.5% p.a on the sum invested by the O.Ps.
In this circumstances and in view of the materials as pointed out above as well as the evidences which go un-rebutted, we are of the opinion that the complainants really invested money with the O.Ps and ,therefore, they are entitled to withdraw their money with agreed interest. The refusal on the part of the O.Ps to release the said money in favour of the complainants is a glaring example of deficiency in service and ,therefore, the complainants are entitled to get the relief as prayed for and the reliefs are accorded as hereunder:-
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is allowed exparte against the O.Ps with cost which is quantified to be Rs.2000/-.
All the O.Ps are jointly and severally liable for making payment of the money deposited by the complainants with them.
The O.Ps are also directed to refund the money deposited by the complainants with their company i.e Rs.5,01,000/- along with interest @12.5% p.a as agreed upon between them from the respective date of investment of the money with the O.Ps company.
The complainants do also get an award of compensation amounting to Rs.5000/- against the O.Ps who will remain jointly and severally liable for payment of this amount of compensation.
The O.Ps are directed to make payment of the entire money deposited by the complainants along with interest as agreed by the O.Ps and as mentioned above, amount of compensation and the amount of cost as pointed out above to the complainants within a month of this order ,failing which the decreetal amount ( sans the cost ) will bear an interest @12.5% p.a till full realization thereof.
Let a copy of this order be given to the parties concerned free of cost at once.
Dictated and corrected by me
President
I / We agree.
Member Member
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDERED
That the complaint case be and the same is allowed exparte against the O.Ps with cost which is quantified to be Rs.2000/-.
All the O.Ps are jointly and severally liable for making payment of the money deposited by the complainants with them.
The O.Ps are also directed to refund the money deposited by the complainants with their company i.e Rs.5,01,000/- along with interest @12.5% p.a as agreed upon between them from the respective date of investment of the money with the O.Ps company.
The complainants do also get an award of compensation amounting to Rs.5000/- against the O.Ps who will remain jointly and severally liable for payment of this amount of compensation.
The O.Ps are directed to make payment of the entire money deposited by the complainants along with interest as agreed by the O.Ps and as mentioned above, amount of compensation and the amount of cost as pointed out above to the complainants within a month of this order ,failing which the decreetal amount ( sans the cost ) will bear an interest @12.5% p.a till full realization thereof.
Let a copy of this order be given to the parties concerned free of cost at once.
Member Member President
