Order No. 22 Dt. 10.11.2017
The complainant case is that the complainant purchased five MIS Certificate from Alchemist Township India Ltd. (ATIL) Malda Branch. After maturity of MIS deposit schemes of ATIL was issued five PNB cheques 755058 dt. 13.04.2015 amounting Rs.202800, 755086 dt. 27.04.2015 amounting 140400/-, 380134 dt. 26.05.2015 amounting Rs. 400000/-, 376734 dt. 14.06.2015 amounting Rs. 218400/-, 436301 dt.30.10.215 amounting Rs.200000/- in favour of the complainant for realizing the cheques amount. The complainant deposited the cheque 755058 in due time and that was returned with remarks insufficient balance and the complainant deposited the rest cheque for encashment of the amounts mentioned in the cheques and that was returned by the bank with remarks, negative balance. Thereafter the petitioner contracted with the ATIL, Malda Branch regarding the non-encashment of the cheques issued by the ATIL, Malda Branch and the petitioner was directed to deposit all the cheuqes for RTGS payment by the company. Accordingly, the petitioner deposited said 5 (five)cheques. The petitioner reminded about the matter to ATIL Malda Branch by making an application on 08.12.2015 not being got response from the ATIL Malda Branch. In spite of that, ATIL Malda Branch did not response the petitioner’s reminder. Hence, the petitioner filed the instant case before the Ld. Forum for getting relief / reliefs.The petitioner is directed to send notice to the O.P. Accordingly, the petitioner sent the notice to the O.Ps but the O.Ps did not appear before the Forum contesting the instant case. For this reason the case is heard ex parte, the petitioner files Hazira through her husband but he is not present on 09.06.2017, although she is contesting the case in person. The signatory of the Hazira being the husband of the petitioner sought for times to file authorized letter to plead on her /complainant /petitioner.The husband, Ashis Kumar Roy filed an affidavit-in-chief on behalf of the petitioner/wife and the husband of the petitioner Ashis Kumar Roy S/o. Late Bijoy Kr. Roy filed affidavit –in- chief on behalf of his wife the petitioner herein. The petitioner also filed some xerox copy such as returned memo of PNB dt. 13.04.2015 (Ext.-1), returned memo of PNB dt. 20.04.2015 (Ext.-2), xerox copy of cheques (Ext.-3) (two pages), letter dt. 08.12.2015 (Ext.-5), Voter Identity Card of Rajashree Roy (Ext.-6).
POINTS FOR DECISION
- Whether the case is maintainable in its present form ?
- Whether there is any cause of action to file this case?
- Whether there is any deficiency of service on the part of the O.Ps ?
- Whether the petitioner is entitled to get any relief/reliefs as prayed.
DECISION WITH REASONS
Point Nos. 1,2,3 and 4
All the points are taken up together for the sake of convenience and brevity of discussion.
In our view the case is maintainable according to the present form of the C.P. Act, 1986.
The cause of action arose on 08.12.2015 while the petitioner filed an application to the Branch Manager, ATIL Malda Branch to inform her the status of the deposited cheques in the office of ATIL, Malda Branch and the petitioner filed the instant case on 16.03.2016 within the period of two years .
The petitioner deposited money in the MIS Scheme and received certificate. ATIL Malda Branch issued five cheques in favour of the petitioner after maturity of the Certificates but those cheques were returned on the above referred ground. The petitioner deposited said five cheques for RTGS for payment. In spite of that the ATIL Malda Branch did not take any step. Under the compelling circumstances filed an application to the Manager, ATIL Malda Branch. No response got from the Manager of the said branch. For this reason there is sheer negligence and deficiency in service on the part of the O.Ps and the petitioner is entitled to get all the reliefs as prayed for.
All the points are decided in favour of the petitioner.
Complainant case is succeeded
Proper fee paid.
Hence, ordered
that Malda D.F. C. Case No. 13/2016 be and the same is hereby allowed ex- parte with cost against O.P. Nos. 1 and 2.
O.P. Nos. 1 to 2 are directed to pay the amounts of the above referred cheques amounting totally Rs. 1161600/- jointly and/or severally to the petitioner and compensation and litigation cost of Rs. 20000/- within one month from the date of receiving the order failing which the amount shall carry interest @ 6% p.a. till its realization from the date of order and the petitioner will be at liberty to put the decree in execution. The O.Ps are also directed to deposit Rs. 10000/- to the Stat Consumer Welfare Fund within one month from the date of receiving the order. The complainant is also free to pursue, any other Forum for relief.
Let a copy of the order be given to each of the parties free of cost.
