DATE OF FILING : 04/03/2014
DATE OF S/R : 28/03/2014
DATE OF FINAL ORDER : 30/10/2014
ASHOKE KUMAR DAS
Vill Baikunthapur,
P.O. Sijberia P.S. Uluberia,
Howrah 711 316-------------------------------------------------------- COMPLAINANT.
- Versus -
Alchemist Infra Realty Limited.
Uluberia Nona (Near Tata Indicom Showroom)
P.O. Uluberia P.S. Uluberia,
Howrah 711 315 -------------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case was filed by the complainant namely Ashoke Kr. Das U/S 12 of the C .P. Act, 1986 ( as amended upto date ) wherein the complainant has prayed for a direction to be given upon the O.P. no. 1 to pay interest @ 9.25% p.a. for a period of 4 ½ years against invested amount of Rs. 50,000/- of two numbers certificate for premature withdrawal the certificate amount before matured date together with litigation costs and other reliefs as he entitled to.
2. The brief facts of the complaint is that the complainant invested Rs. 50,000/- as fixed term deposit forf a period of 4 ½ years in two number certificates vide certificate numbers no. AIRL/ARA 0094633 land AIRL/ARA 0094634 dated f23-05-2009 and subsequent withdrawn the same before the matured date and the necessary cheques of Rs. 50,000.- have been received and duly been encashed by the complainant without interest which he claimed as a legitimate claim and other relief/s. Hence the Case.
3. Notice was served upon the o.ps. But the o.ps. neither appeared nor submitted any written version for which the case was heard ex parte against the o.p.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.P?
ii) Whether the complainant is entitled to get any relief and compensation as prayed for?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. From the enclosures it is evident that the complainant purchased two number certificates on the dated 23-05-2009 each of Rs. 25,000/- with matured value Rs. 50,000/- each on 27-11-2014. The complainant withdrew his deposited money of Rs. 50,000/- within 4 ½ years before maturity date and the o.p. issued two number of cheques vide no. 052687 & 052686 dated 24-09-2013 of total amount of Rs. 50,000/- and duly encashed the same by the complainant. but facts remained are that the complainant received any interest against invested amount which he demands as a legitimate claim .
Therefore, it is palpable that the o.p. though paid the principal amount but on the contrary the interest accrued over the principal for the period 4 ½ years was not paid which tantamount gross irregularities and unfair trade practice. Therefore, it is a fit case where the prayer of the complainant has be allowed to some extent. Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No.114 of 2014 ( HDF 114 of 2014 ) be allowed ex parte against o.p. with costs .
The O.P. be directed to pay an interest @ 9% p.a. on the invested amount of Rs. 50,000/- w.e.f. 24-09-2013 within 30 days from the date of this order till realization.
The O.P. no. 1 is further directed to pay a compensation to the tune of Rs. 2,000/- for causing mental pain, agony and prolonged harassment together with litigation costs of Rs. 500/- within 30 days from the date of this order.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( P. K. Chatterjee )
Member, C.D.R.F., Howrah
