Complainant Sri Mahul Kar, has filed the present case u/s 12 of the C.P. Act, 1986 as consumer, praying for issuing a direction upon the Opposite Parties to pay the Complainants (1) Rs.2,10,000/- deposited to the O.Ps, (2) Rs.50,000/- as compensation for mental pain, agony & unnecessary harassment, (3) Litigation costs may also be awarded suitably i.e. Rs.2,60,000/- in total, besides other relief(s) as the Forum deem fit, as per law & equity.
The fact of the case in gist as can be gathered from the record is that the Complainant invested money sum of Rs.2,10,000/- under Monthly Income scheme (MIS) to the office of the O.P company i.e. MICS Nidhi Ltd., Cooch Behar against which the Money Receipts were issued by the Opposite Party Company. The O.Ps assured to the complainant that they will give monthly return with interest and they paid previously mentioned return up to 6/7 months.
The prime allegation of the Complainants is that before the maturity of said scheme, The O.Ps denied to return the amount which they received from the complainant. The O.Ps were making promise to pay the complainant get back the maturity amount and giving dates after dates and also the O.Ps threatened by various means to the complainant whenever he asked about the maturity amount. Thus the complainant suffer from mental pain, agony and unnecessary harassment and finding no other alternative, complainant has filed the present case seeking redress intending to get his deposited amount with compensation and cost.
The instant complaint has been filed for Rs.2,60,000/- along with the Xerox copies of Money Receipts and relevant documents and I.P.O. of Rs.200/- deposited and the complaint was registered as DF-158/2013.
It appears from the record that despite receiving the notice the Opposite Parties did not appear before this Forum for contesting the case, as such this case proceeding heard in ex-parte against the Opposite Parties.
The following moot points are necessarily come out for consideration to reach a just decision.
POINTS FOR CONSIDERATION
- Is the Complainant is a Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986.
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the Opposite Parties any deficiency in service as alleged by the Complainant and are the opposite parties liable in any way to compensate the Complainant?
- Whether the complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully and also perused entire Xeroxed/original documents in the record and heard argument of the complainant.
Point No. 1.
The Complainant Sri Mahul Kar in view to savings, invested a sum of Rs.2,10,000/- to the O.P. No. 1 & 2 in their Cooch Behar Office. The Opposite Party Company also issued money receipt against that investment. Thus, in view of the status of the Complainant and the relationship with the O.Ps so established from the documents; we are of the clear opinion that the Complainant is the Consumer as per provision of section laid down in C.P. Act, 1986.
Point No. 2.
The Complainant has filed this case with claim of Rs.2,60,000/- i.e. within Rs.20,00,000/- and the office/residence of the Opposite Parties is situated in this district also cause of action arose within this district. Hence, this Forum has pecuniary as well a territorial jurisdiction to try this case.
Point No. 3 & 4.
It is the case of the complainant that he deposited Rs.2,10,000/- to the O.P Company but after maturity he did not get any amount from the O.P.
The Complainant has filed some Xeroxed documents which reveals that the Complainant deposited Rs. 3,000/- in 11 equal installments i.e. Rs. 33,000/- lastly on 24.04.2013, Rs. 1,500/- in 2 equal installments i.e. Rs.3000/- lastly on 06.03.2013 and Rs. 500/- in 11 equal installments i.e. Rs. 5,500/- lastly on27.03.2013. Evidently, the Complainant deposited Rs. 41,500/- to the opposite Party.
The Complainant has filed Evidence on affidavit but did not file any original documents. By giving a close look on the materials (Annexure A-C) made available in the record it appears that the Complainant deposited Rs.41,500/- only and there is proper seal and signature of the O.P. Company. Thus, it is clearly established beyond any manner of doubt that the O.P Company/the M.D, C.M.D of the said Company received a huge amount from the Complainant.
It is pertinent to mention that the documents as filed by the complainant it is not transparent that actually who from the opposite Parties received the alleged amount from the Complainant but from the documents it is crystal clear that the any one of the Opposite Parties on behalf of the Company received the amount and all are involved there and none come forward before this Forum to contest the case or to challenge any allurement of the complaint thus, we safely be conclude that the opposite parties have nothing to say.
As such on the basis on Evidence and material on record, we are of considered opinion that the complaint is deserve to be allowed but in part against the Opposite Parties.
It is also pertinent point to mention that the Complainant claimed that he deposited Rs. 2,10,000/- to the Opposite Parties but from the documents made available in the record it is clear that the Complainant deposited Rs. 41,500/- to the Opposite Parties for which it will be reasonable to pass an order on deposit of Rs. 41,500/-.
The complaint succeeds by unchallenged testimonies.
ORDER
Hence, it is ordered that,
The complaint be and the same is allowed in ex-parte against Opposite Parties with cost of Rs. 5,000/-.
The O.Ps are hereby directed to pay Rs.41,500/-, the deposited amount with interest 6% p.a. from the date of maturity and Rs.10,000/- as compensation to the complainant for his deficiency in service. The O.Ps are further directed to pay the deposited amount with interest also compensation amount jointly and/or severally directly to the concerned party within 45 days failure of which the O.Ps shall have to pay Rs.100/- for each day’s delay and the amount to be accumulated shall be deposited in the “State Consumer Welfare Fund”, West Bengal.
Let plain copy of this Final Order be supplied, free of cost, to the concerned party/Ld. Advocate by hand/be sent under Registered Post with A/D forthwith for information and necessary action, as per Rules.
Dictated and corrected by me.
President President
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
Member
District Consumer Disputes
Redressal Forum, Cooch Behar
