IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

Case no. CC/32/2017

Date of filing: 15-03-2017                                                                                          Date of disposal: 28 -02-2018

Complainant  - Md Omar Ali, s/o Late Mubarak Ali, Village – Altabartala, near Idgah,                                                                       PO +  PS – Bhagwangola,  District – Murshidabad, Pin Code – 742135, W Bengal.   

                                                             VS.

Opposite Party no. 1 –   Branch Manager, Alchemist Ltd., Berhampore (W.B.) Branch, NH – 34,      

                Panchanantala, PO + PS – Berhampore (W.B.), Dist – Murshidabad, Pin 742101.

Opposite Party no. 2 -    Regional Manager, Alchemist Ltd., Kolkata Region, 15, Ganesh Ch. Avenue, H M Building, 4^th floor, (near Chandni Chowk Metro), Kolkata – 700013.                               

Opposite Party no. 3 -  Director, Alchemist Ltd., 411/412, Ansal Tower – 38, New Delhi – 110019.

                                 Present :  Sri Manas Kumar Mukherjee- Member

                                                   Smt. Chandrima Chakraborty – Member / President – in -Charge

FINAL ORDER

 Sri Manas Kumar Mukherjee, Presiding  Member

This case has been filed by the complainant U/S 12 of C P Act’1986, praying for refund / payment of an amount of Rs. 4,00,000/-, along with interest,  as the principal amount, kept with the OP (s), which has not been refunded to the complainant, on maturity, along with monthly interest, not paid, since November, 2015, payable on December, 2015, onwards,  and an amount of Rs. 5,000/- as compensation.

The case of the complainant, in brief, is that, the complainant, invested an amount of Rs. 4, 00,000/-, with the OP (s), as MIS, on 13. 06. 2012, vide certificate no. RX00025639, which attained maturity, on 23. 05. 2015.

Thereafter, the complainant was supposed to get an amount of Rs. 4000/- per month, as interest, till 23. 02. 2017. As stated by the complainant, the complainant received monthly interest, till 23. 11. 2015, but is not being paid with monthly interest, since November, 2015, payable on December, 2015, till 23. 02. 2017.

As alleged by the complainant, in spite of repeated persuasion by the complainant, the OP (s) did not pay the principal and the interest, payable to him.

The complainant reported the matter to OP (s) as well as to the Ministry of Corporate Affairs, Govt. of India, but had been unable to get any redressal.

Hence, the case has been filed, before this Forum.

The complainant observed all of the necessary formalities to proceed in the matter, including filing of evidence and copies of respective documents.

In spite of repeated persuasion, the OP (S), did not turn up in the Forum, against which, paper publication, was also made, against OP-1.

In view of the above, the case was heard, ex – parte.

Point  to be considered

1. Whether the complainant is entitled to get relief, as prayed for.

Decisions with reasons

To prove the case, the complainant, has filed copies of relevant documents, along with evidence – in –chief, in support of his complaint.

Heard, the complainant in full.

It is observed, that withholding of payment of matured amount / nonpayment of matured amount / nonpayment of monthly interest, as assured, is highly illegal, in the eye of law and should not be allowed, under any circumstances.

Hence,

ORDERED

The Consumer Complaint no. 32/2017 is allowed in part.

The OP (s) are hereby directed / ordered to release the payment / refund of the principal amount of Rs. 4,00,000/-, to the complainant, along with, total unpaid amount of interest, amounting to Rs. 60,000/- only along with simple interest of 6%, on the entire amount (principal and monthly interest, payable), payable to the complainant, to be calculated, for the period, on and from the scheduled date of maturity / scheduled date of payment, to the actual date of releasing the payment, jointly and severally, within 30 days, from the date of receipt of this order, in default, the OP (s), will have to pay an amount of Rs. 50/-, per day’s delay and the amount, so accumulated, shall be deposited to Consumer legal Aid account.

Let a copy of this order be made available and be supplied free of cost to each of the parties, on contest, by hand, under proper acknowledgement / be sent, forthwith, under ordinary post, to the concerned parties, as per rules, for information and necessary action.

( MEMBER )(MEMBER)