West Bengal

South 24 Parganas

CC/415/2015

Sri A. Gopal Nair. - Complainant(s)

Versus

1. Teacher's Welfare Credit and Holding Limited. - Opp.Party(s)

Sree Shyamal Kanti Das.

01 Mar 2016

ORDER

                                 DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _415   OF ___2015____

 

DATE OF FILING : 15.9.2015     DATE OF PASSING JUDGEMENT:_01.03.2016 __

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :  Smt.  Sharmi Basu                    

 

COMPLAINANT                  :  Sri Gopal Nair, of Subham Apartment, 1^st Floor of 25/2A/1, Jheel Road, Kolkata – 31.

 

-VERSUS  -

 

O.P/O.Ps                                :     1. Teachers’ Welfare Credit & Holding Limited, 10/99, Bejoygarh, Kolkata – 92.

                                                  2.     Mr. Swapan Ghosh,Managing Director , Teachers’ Welfare Credit & Holding Limited, 10/99, Bejoygarh, Kolkata – 92.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Smt. Sharmi Basu, Member

             In a nutshell the case of the complainant is that he and his mother had made a fixed deposit account being no.F/19752/12/27 for Rs.2,00,000/- with the O.P for a period of  27 months from 27.10.2012 to 27.01.2015 . O.Ps had issued the Fixed Deposit Receipt no.19752/26327 . Although the said fixed deposit has already been matured on 27.01.2015 but despite several requests  and also in writing  through letter dated 6.8.2015, , the O.P did not return the maturity value of the fixed deposit. Hence, this case praying for repayment of a sum of Rs.2,00,000/- ,cost and compensation.

            Inspite of serving summon upon the O.Ps, did not appear in this case. As a result, case proceeded in exparte.

                                                Points for Decision

1. Whether the complainant is a Consumer or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

Decision with reasons

            From the record in its entirety and hearing minutely the case of the complainant from his Ld. Advocate it is crystal clear that the complainant along with his mother deposited Rs.2 lacs to the O.P towards Fixed Deposit Certificate vide no. F/19752/12/27 on 27.10.2012 where date of maturity of the same was fixed on 27.01.2015. Therefore, as per the C.P Act, 1986 complainant is a “Consumer” and O.Ps are service provider under section 2(1)(d)(ii) and 2(1)(d)(o) of the said Act respectively.

            From the unchallenged piece of testimony and complaint and evidence on affidavit it is crystal clear that the O.Ps have not have not handed over the matured amount in qeustion to the complainant even after running from pillar to post by the complainant. It is strongly opined by this Forum that O.Ps are duty bound to refund the matured amount to the complainant.

            Therefore, we have no hesitation to hold that the abovementioned inaction of the O.Ps amounts to deficiency in rendering services towards the complainant/consumer  and it is also beyond doubt that due to this inaction and deficiency in service of the O.Ps, complainant has to suffer not only financial loss but also profuse mental agony and he is eligible to be aptly compensated and to be refunded the matured amount.

            Thus all the points are discussed and the same goes in favour of the complainant.

            Thus the complaint case succeeds.

            Hence,

                                                                        Ordered

That the case be and the same is allowed exparte without cost.

The O.Ps are jointly and/or severally directed to refund the matured amount of the Fixed Deposit issued by the O.Ps vide Fixed Deposit Certificate No. F/19752/12/27 dt. 27.10.2012 and also to pay compensation and litigation cost amounting to Rs. 20,000/-(Twenty Thousand Only) and Rs.5000/-(Five Thousand)  respectively.

All the orders should be complied with within 30 days from the date of this order, failing which, interest @10% p.a will carry from the date  of default till its realization.

Let a plain copy of Judgement be supplied to the parties free of cost as per rule.

 

                                    Member                                                                                   President                                

 

Dictated and corrected by me

 

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

                                   

                        Ordered

That the case be and the same is allowed exparte without cost.

The O.P are jointly and/or severally directed to refund the matured amount of the Fixed Deposit issued by the O.Ps vide Fixed Deposit Certificate No. F/19752/12/27dt. 27.10.2012 and also to pay compensation and litigation cost amounting to Rs. 20,000/-(Twenty Thousand Only) and Rs.5000/-(Five Thousand)  respectively.

All the orders should be complied with within 30 days from the date of this order, failing which, interest @10% p.a will carry from the date  of default till its realization.

Let a plain copy of Judgement be supplied to the parties free of cost as per rule.

 

 

                                    Member                                                                                   President