Dt. of filing – 30/11/2018

Dt. of Judgement – 11/07/2019

Mrs. Sashi Kala Basu, Hon’ble President

        This consumer complaint is filed by the Complainant namely Anima Das Gupta under Section 12 of the Consumer Protection Act, 1986 against the Opposite Party namely  Avinya Social Welfare Trust alleging deficiency in service on their part.

          Case of the Complainant in short is that Opposite Party is a social welfare trust. It runs and manages the old age home under the name and style of ‘Avinya Nir Old Age Home’. Complainant being a widow decided to admit herself in the said home and she enrolled herself with the Opposite Party with a promise to pay monthly contribution of Rs.7,000/- together with refundable security deposit of Rs.42,000/-. Opposite Party on payment of refundable security deposit had issued the receipt. Complainant admitted herself with the Opposite Party and started residing there from 1/6/2016. Monthly contribution was subsequently enhanced from Rs.7,000/- per month to Rs.13,000/- per month for appointment of additional untrained nurse for her personal care. Complainant paid the same but the Opposite Party was only milking money. She was neglected and the care was not taken as promised. As her health started deteriorating, she had to be released on 28/05/2018 from the said old age home. So she asked for return of the refundable security deposit of Rs.42,000/-. On repeated persuasion two cheques of Rs.21,000/- each were issued by the Opposite Party but on its presentation it remained unpaid on the ground of ‘Insufficient Fund’. So, ultimately Complainant approached the Consumer Grievance Cell and as the matter was not settled, she filed the present complaint for directing the Opposite Party to return refundable security deposit of Rs.42,000/- together with interest of 18% p.a, to pay compensation of Rs.30,000/- and litigation cost of Rs.10,000/-.

          Complainant has filed cheque return memo along with cheques, receipts showing payment of Rs.42,000/- and Rs.13,000/- respectively.

          On perusal of the record it appears that notice was served upon the Opposite Party but as the Opposite Party did not take any step, the case came up for ex-parte hearing vide order dated 5/2/2019.

          So, the point requires determination is whether the Complainant is entitled to the relief as prayed for?

                                                                               Decision with reasons

          In order to substantiate her claim that she had paid an amount of Rs.42,000/- as refundable security deposit with the Opposite Party, Complainant has filed receipt issued by the Opposite Party on 7/5/2016. It also appears from the endorsement in the back side of the receipt dated 2/5/2017 towards payment of monthly contribution, it bears an endorsement by the representative of Opposite Party namely, Subrata Mazumder,  assuring that Rs.42,000/- will be refunded in coming September, 2017 within 15^th to 20^th. Complainant has also filed two returned cheques along with bank memo slip stating the cheque could not be encashed due to ‘fund insufficient’. Two cheques are of Rs.21,000/- each dated 20/3/2018 and 31/3/2018. So, on consideration of these document filed by the Complainant, it is well established that the Complainant had paid a sum of Rs.42,000/- as refundable security deposit to the Opposite Party but the same has not been returned to the Complainant. Moreover, no contrary material is forthcoming before this Forum to counter or rebut the claim of the Complainant. If that be so then the Complainant is entitled to refund of the amount of Rs.42,000/- paid by her. She is also entitled to compensation in the form of interest for the harassment and mental agony suffered by her at such an old age. She is an eighty-four years old widow.

Hence,

                                                                                     ORDERED

CC/650/2018 is allowed ex-parte. Opposite Party is directed to refund Rs.42,000/- to the Complainant along with interest @ 18% p.a from 28/05/2018 to till this date, within 45(forty-five) days from the date of this order. Opposite Party is further directed to pay litigation cost of Rs.10,000/- within the aforesaid period of 45(forty-five) days in default the entire sum shall carry interest @ 12% p.a till realisation.