Bihar

Patna

CC/318/2013

Satyadeo Prasad, - Complainant(s)

Versus

Angel agritech Group of comp. and ors, - Opp.Party(s)

Adv. Kumari Priyanka,

11 Apr 2023

ORDER

DISTRICT CONSUMER FORUM
PATNA, BIHAR
 
Complaint Case No. CC/318/2013
( Date of Filing : 27 Jun 2013 )
 
1. Satyadeo Prasad,
S/o Late Kabildeo Narayan,R/o Kapil kunj Shiv Mandir Bsker Ganj,Bajaja Patna
...........Complainant(s)
Versus
1. Angel agritech Group of comp. and ors,
through its Managing Director,8,APC Road,P.S-Muncipara,Kolkata-700009
............Opp.Party(s)
 
BEFORE: 
 JUDGES BIDHU BHUSHAN PATHAK PRESIDENT
  Mr.RAJNISH KUMAR MEMBER
 
PRESENT:
 
Dated : 11 Apr 2023
Final Order / Judgement

          This case has been brought by Satyadeo Prasad R/o Kapil Kunj Shiv Mandir Bakerganj, Bajaj Patna 04 against 1. Angel agritech group of companies through the Managing Director, 8 APC Road, P.S. Munclipara Kolkata 700009, 2. Abhijit Kumar, Managing Director Angle agritech group of companies residing at village Basyama, Patna, 3. The Manager, Angela Agritech Group of Companies, Exhibition road, Patna. for the following reliefs,

       1. To direct the O.P.’s 1 to 3 to pay the maturity amount deposited to Angela agritech group of companies alongwith the interest 18% per annum from 13.05.2013 till full and final payment of such amount.

        2. To direct the O.P.’s to pay the amount of Rs 1,00,000/- as compensation to the complainant for inconvenience, harassment and mental tension caused due to deficiency in service by O.P.’s. 

       3. To direct the O.P.’s to pay the litigation cost i.e. the amount of Rs. 10,000/- .

      4. To pass such other order/ orders as this Hon’ble Forum may deem fit and proper for the ends of Justice and for such complainant shall ever pray.

        The main case of the complainant is that the authorized agent of the O.P. no.1 approached the complainant and advised the complainant to open the account and as per his advice the complainant submitted duly filled up application and deposited Rs 10000/- which was accepted by O.P. no. 1 and accordingly slip, passbook and receipts have been annexed as Annexure 1, 2 and 2a. Account number of the complainant has been opened vide 2900429. The complainant thereafter discharged all the obligations and liabilities imposed upon and paid the installment regularly till 30.05.2013. The complainant approached the O.P. no2 and requested him to pay maturity amount but after making assurance it was not paid. Again and again request was made but the grievance of the complainant has not been redressed. The complainant also approached to O.P. no. 2 and also visited the office of O.P. no 1 at Kolkata but nothing has been fruitful.  It is relevant to place that though the registered notices were issued against the O.P. but it returned back on account of the fact that addressee removed. The order dated 27.06.2019 shows that as the O.P. did not file W.S. or appeared therefore, Forum had observed that this case shall be disposed of after hearing the complainant. It is apparent that till today O.P. did not appear therefore, this case was fixed for Ex Parte hearing today on account of previous order. 

         Heard the complainant himself who has submitted that on the assurance of the O.P. he had opened the account and passbook was issued. Accordingly, till 30.05.2013 installment was paid regularly. But while after maturity the due amount was required to be paid it has not been paid by the O.P. Then the complainant had taken several efforts and consulted to O.P. no.2 relating to payment but such efforts went invain. The complainant also made consult after going to Kolkata and visited the office of O.P. no. 1 but same has become only expensive of money and time and nothing resulted. Being compelled complainant filed this case for maturity amount and compensation.

        Now it is obvious that there is no statement on behalf of O.P. on record to discredit and disbelieve the story of the complainant as averred in the complaint. After perusal of the record it appears that the receipts have been filed related to Angel Agritech Group of Companies and the payment vide deposit slip number has been shown which comes to Rs. 90,000/- deposited in different slip number. Installment no. 1st to 12th have been paid and altogether Rs 90,000/-. have been deposited under the aforesaid circumstance the submission as made on behalf of the complainant appears to be acceptable and accordingly, this complaint stands allowed and O.P. is directed to pay amount Rs. 90,000/-(ninety thousand only) to the complainant alongwith interest at the rate of 6% per annum accrued thereon, from the date of filing of this case i.e. 02.07.2013 within 2 months of this order. In case of nonpayment, complainant is entitled to recover the amount in due process of law.

 
 
 
[JUDGES BIDHU BHUSHAN PATHAK]
PRESIDENT
 
 
[ Mr.RAJNISH KUMAR]
MEMBER
 

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