West Bengal

Paschim Midnapore

CC/193/2017

Sri Indrajit Mallick - Complainant(s)

Versus

Alchemist Ltd. - Opp.Party(s)

Swapan Bhattacharya

15 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Complaint Case No.193/2017

 

                 Sri Indrajit Mallick, S/o-Sri Ranjit Mallick, Vill-Ballavpur, P.O.-Midnapore & P.S.-Kotwali,

District- Paschim Medinipur

                                                                                      ..…….……Complainant.

Vs.

                                      M/s-Mallick Marble, proprietor Abujafar Mallick, P.O.-Bakultala & P.S.-Daspur,

District- Paschim Medinipur.

                                                          ………….….Opp. Party/Parties.

                                                    

Order no.9.                                                                                         Dated: 15/03/2018

                                      Record is put up before us for passing order.

              This hearing arises out of a consumer complaint, filed by Sri Indrajit Mallick, against the O.Ps- Alchemist Ltd. and another, as named in the petition of complaint, alleging deficiency in service on their part.

              Complainant’s case, in brief, is as follows:-

               The O.P.-Alchemist Ltd. is a non-banking financial institution and it involves in several large scale projects all over India.  Being attracted by their advertisement, the complainant invested Rs.10,000/- as fixed deposit scheme on 14/02/2014 with an agreement to return double amount after maturity and as per  agreement O.P. no.1 issued certificate of bond in favour of the complainant. Complainant deposited original certificate to O.P. no.1 after maturity on 02/05/2016 and accepting the said certificate O.P. no.1 assured to pay a sum of Rs.20,000/- only to the complainant within very short period. Even thereafter O.Ps. did not pay the said amount of Rs.20,000/- to the complainant hence he files this case, praying for direction upon the O.Ps.  to pay Rs.20,000/- and an  award of Rs.10,000/- and litigation cost of Rs.5,000/- to the complainant.

                 Registered notice was duly served upon O.P. no.1. Inspite of service of notice none appeared on behalf of O.P. no.1 for which the case was ordered to be

                                                                                                                                              Contd………………..P/2

 

                                                                                                ( 2 )

heard ex-parte against O.P. no.1 vide order no.6  dated 22/02/2018. Registered notice upon O.P. no.2 returned with postal endorsement ‘unclaimed’ which amounts to refused of acceptance of notice. Hence the case was proceeded ex-parte against O.P. no.2 vide order no.4 dated 11/01/2018.

                 To prove his case, complainant Sri Indrajit Mallick deposed on dock and examined himself as PW-1 by tendering a written examination-in-chief and the document filed by him, has been marked as exhibit-1.

                 In his evidence the complainant has fully corroborated the case of the petition of complaint in material particulars, exhibit-1 is a copy of  certificate of deposit amount which supports the case of the complainant that he has invested Rs.10,000/- with the O.Ps. So in view of the oral evidence of PW-1 supported by exhibit-1, remained unchallenged and uncontroverted by the O.Ps., it is held that the complainant’s case is proved and he is entitled to the reliefs as prayed for.   

                                                           Hence, it is,

                                                             Ordered,

                                          that the complaint case no.193/2017  is allowed ex-parte against O.P. nos.1 &2 with cost.  O.P. nos.1 & 2 are jointly and severally directed to pay Rs.20,000/- to the complainant, O.P. nos. 1 & 2 are further directed to pay a sum of Rs.5,000/- as compensation and  litigation cost of Rs.2,000/- to the complainant.  All such payments shall be made within a month from this date of order.

                                               Let plain copy of this order be given to the complainant free of cost.

                         Dictated and corrected by me

                                  Sd/- S. Sarkar                             Sd/-P.K. Singha               Sd/-B. Pramanik.                                    

                                       Member                                      Member                            President 

                                                                                                                               District Forum

                                                                                                                            Paschim Medinipur