In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.68/2013.
1) Shri Mithun Dhali,
R/o: BH-90, Majher Para, P.O. Krishnapur,
P.S. Baguiati, Kolkata-700102. ---------- Complainant
---Versus---
1) Shri Biswajit Biswajit, (Chairman),
“ADORABLE MARKETING SERVICES PVT. LTD.” (AMS).
2) “ADORABLE AGROTECH LIMITED”
195, Rashbehari Avenue, 3rd Floor,
Near- Gariahat Crossing, Beside EkdaliaFoodBridge,
Bank of Baroda Bldg. Kolkata-19, P.S. Gariahat. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Smt. Samiksha Bhattacharya, Member
Order No. 8 Dated 10-10-2013.
The case of the complainant in short is that complainant had given Rs.1,63,980/- by way of cheque and cash to o.p. no.1 for purchasing six policies on various dates of 2010. After few months o.p. no.1 gave him only one policy of Rs.5000/- only in the name of his wife, Smt. Piyali Nag. Thereafter complainant visited the office of o.p. no.1 several times but after a long period o.p. no.1 gave some F.D. issued by o.p. no.2 and assured the complainant that the F.D. for remaining amount would be given.
O.p. no.1 did not return the money nor issued any F.D. for the remaining amount. Hence the application. Complainant prays for refund of money with interest and compensation alongwith litigation cost.
Despite the service of notices upon the o.ps. they did not appear before the Forum and hence the matter was fixed ex parte against them.
Decision with reasons:-
We have gone through the evidence and documents in particular filed by the complainant. Due to unchallenged testimony we are in the view that the o.ps. have nothing to deny. From the money receipts and bank statement filed by the complainant, it reveals that complainant has given Rs.1,63,980/-. Out of this amount o.p. has given only one policy of Rs.5000/- and 4 share papers amounting to Rs.18,500/- .
Therefore, complainant has received one policy and 4 shares of Rs.(5000 + 18500) = Rs.23,500/-. O.ps. did not give any policy / share of Rs.(1,63,980 – 23,500) = Rs.1,40,480/-. So, there is certainly unfair trade practice on the part of o.ps. Therefore, complainant is entitled to get relief n terms of Sec 14 of the C.P. Act, 1986.
Thus the application succeeds.
Hence, ordered,
The o.ps. are directed to refund Rs. 1,40,480/- to the complainant and also pay Rs. 5000/- as compensation for harassment and mental agony and Rs. 1000/- as litigation cost. O.ps. are directed to comply the order within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
