Order-8.
Date-06/04/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that complainant being assured by the OP to get better benefit on maturity of a recurring deposit deposited some money month by month for a period of 12 months against A/c. No.76080 (Arati Barai) and A/c. No.76788(Mitali Mondal) with a view to secure their livelihood and their term to secure some accumulated money at the time of their end. In the meantime complainants from 14-02-2014 & 28-02-2011 to 10-01-2013 deposited total Rs.12,000/- in their respective recurrent deposit and after completion of their deposit for 12 months on 01-01-2013 complainant prayed for refund of the same with interest as agreed but after that OPs are found reluctant to pay the same and also they began to close their business from different places and being fraud complainant went to OPs’ office but they failed to give any satisfactory explanation and also refused to refund the same for which complainant for getting the redressal for the aforesaid negligence and deficient manner of service of the OP and their unfair trade practice, filed this complaint jointly.
Fact remains notice was served upon OP2 and he duly received it and it was also served upon OP1 in view of the fact OP refused to accept for which it is returned so it is a good service but even after proper service upon the OP and even after getting chance to file written version OPs did not turn up for which the case was heard ex parte and complainant filed his E.Chief and complainant also sent copy of E.Chief to the OPs by speed posit but even then OPs did not turn up for which ultimately the case is heard ex parte finally and argument was also heard on 05-04-2016.
During continuation of the proceedings OPs did not turn up.
Decision with Reasons
On proper evaluation of the complaint and also evidence in chief filed by the complainant including the pass-book being A/c. No.76080 in the name of Arati Barai and being A/c. No.76788 of Mitali Mondal dated 09-03-2011 and 17-03-2011 we are convinced to hold that the complainant became the customer (consumer) under the OPs by opening those two separate account in their names and from the said pass book it is found from 14-02-2011 to 10-01-2013 complainant Arati Barai deposited Rs.12,000/- upto 10-01-2013 by paying it by 12 instalments. Similarly, Mitali Mandal against his pass book No.76788 deposited Rs.12,000/- by 12 instalments starting from 28-02-11 upto 10-01-2013 and the statement of account also support that fact but peculiar factor is that complainant had not been paid initerst as agreed since 10-01-2013 and for that purpose complainant visited the office of the OP situated at 79A, P. C. Sarkar Sarani, 1st floor, Kolkata – 19 near Bata Showroom but OP did not pay any heed to them and did not refund the same.
Truth is that OPs got notices and received it but did not turn up to contest the case so, considering their negative attitude it is clear that they have their no defence to deny the allegation of the complainant for which the OPs did not turn up but already all over India Basil International Ltd. is found closing their different branch offices after collecting crores of rupees of public and they have misused that money and as per their commitment and non-banking financial institution by disregarding RBI Rules collected such deposit and deceived the customers (consumers) at large and out of them this present complainants are no doubt sufferers and no doubt they deposited Rs.12,000/- each in the said account in the account of the OPs but OP have not yet paid the sum for which complainants are being harassed and they have lost their amount, interest etc. and further they are being harassed mentally, physically by the OPs and at the same time such sort of act on the part of the OP is no doubt unfair trade practice and deceitful manner of trade that has been proved beyond any manner of doubt by the complainant by producing documents and evidence and fact remains same are unchallenged testimony.
Relying upon the above finding we are inclined to hold that there is sufficient ground to believe the fact of complaint of the complainant and the fact as has been alleged by them. So, relying upon their above materials we are convinced that the complainant has been able to prove their case beyond any manner of doubt, no doubt in ex parte form but relying upon reliable and believable evidence against the OPs complaint succeeds.
Hence,
Ordered
That the case be and the same is allowed ex parte against the OPs with a cost of Rs.5,000/- each against each OPs, so, OPs shall have to pay Rs.10,000/- each as litigation cost to each of the complainant.
OPs are jointly and severally directed to refund the entire amount of Rs.12,000/- and also interest at the rate of12 percent p.a. over the said amount with effect from 10-01-2013 and till its full payment to the complainant and at the same time OPs jointly and severally shall have to pay Rs.5,000/- each for causing mental pain and agony to the complainant and also for causing harassment to the complainant and further for adopting unfair trade practice.
To check such sort of unfair trade practice and deceitful manner of trade on the part of the OPs, OPs are imposed penal damages to the extent of Rs.10,000/- and it is imposed only to check such sort of unfair practices and it shall be deposited to this Forum by the OPs.
OPs are directed to comply the order within one month from the date of this order failing which for non-compliance of the same penal action shall be started against them for which further penalty and fine shall be imposed.
