Date of Filing : 19/06/2017

Order No.  10  dt.  21/02/2018

The case of the complainant in brief is that the complainant deposited a sum of Rs.2,00,000/- for a period of 3 years and the opposite parties allotted undivided share in land admeasuring an area of 1762.20 kanal at Behanta , Dt-Shivpuri, M.P. Against the said investment the o.ps paid interest at the rate of 12% per annum. The complainants  invested the said amount on the assurance of the o.ps that the o.ps would pay the interest regularly for which the complainant re-invested the amount. The o.ps issued 4 (four) cheques but those cheques were not encashed which was informed to the o.ps and the o.ps agreed to pay the interest regularly but ultimately the said assurance was not honoured by the o.ps. After the maturity period the o.ps failed to pay the total invested amount of Rs. 2,00,000/-. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps for refund of the amount of Rs. 2,00,000/- and also compensation of Rs.2,0,00,000/-.and litigation cost.

The o.ps did not contest the case and as such the case has proceeded exparte against the o.ps.

The complainant in order to prove the case filed an affidavit of evidence whereby they stated that they invested an amount of Rs.2,00,000/- and after the expiry of the maturity period the amount was not paid by the o.ps. In order to substantiate the allegation against the o.ps filed some documents including the certificates wherefrom it is evident that the complainants  invested a sum of Rs.2,00,000/-.in total and after the expiry of the maturity period the amount invested by them was not returned. The evidence of the complainant has remained unchallenged, therefore we hold that the complainants  will be entitled to get the amount invested by them.

The facts & circumstance of the case clearly proves that there was deficiency in service as well as unfair trade practice adopted by the o.ps and the complainants will be entitled to get the relief including the compensation and litigation cost.

Hence, it is

                          Ordered,

           that the CC No 203/2017 is allowed ex-parte against the o.ps with cost.

The o.p no 1&2 are jointly and severally directed to refund the amount of Rs. 2,00,000/- (two lakhs) and compensation of Rs. 10,000/-(ten thousand) as well as  litigation cost of Rs. 5,000/- (five thousand) within 30 (thirty) days from date of service of the copy of the order failing which the complainant will be entitled to get the interest at the rate of 8% per annum till the realization of the decreetal amount.

A free copy of this order be supplied to the complainant free of cost.