By :  SMT. BANDANA ROY, PRESIDENT

         The case of the petitioner in brief is that she is an educated unemployed person. Under the convince and influence of the OPs, she deposited a sum of Rs. 1,00,000/- at Chandipur Branch of the OPs on 24.08.13 bearing non-convertible debenture No. 00233518. The OPs promised to pay Rs. 1,292/- per month against the said policy and on the date of maturity or redemption they would return the principle deposit.  The OPs issued four cash vouchers each for Rs. 1,292/- for the month of January to April and the OPs gave assurance to liquid all the cash vouchers within 24.04.15 but in vain. On 05.05.15 the petitioner send demand notice by registered post through her ld advocate but no steps taken by the OPs for liquidation of the dues. Lastly the petitioner filed a case against the OPs before this ld Forum being CC No. 98/2015. Thereafter the OPs came to an amiable settlement and cleared all the dues from May 2015 to November, 2015 and promised to pay off all the dues from 24.04.16 and also to return the principle deposit within 31.12.16. As a result that consumer case of the petitioner was dismissed for non-prosecution. But the OPs subsequently again defaulted in payment of the monthly return to the complainant and are showing no interest to pay off the dues.

          Under the aforesaid circumstances the complainant has filed this case with the prayers made in the petition for the deficiency of service on the part of the OPs.

          The OP no1 did not appear to contest the case although summons was served upon them. So, the case has been heard ex pate against this OP.

          The OP no.2 appeared and contested the case by filing written version. They had no specific defense but contended that the case is not maintainable and liable to be dismissed.

On the basis of the pleadings of the parties the points for determination are whether the case is maintainable and whether the complainant is entitled to get any relief as prayed for.

Decision with Reasons.

We have carefully gone through the materials on record filed by the complainant as well as by the OP. the complainant alleged that OPs sent her cash voucher bearing No 0023358 by registered post   but due to internal or administrative cause the OP no.2 shifted their office from Chandipur and orally informed by one notice to the complainant along with other sharer holders   and since then the complainant dealt with the OPno1 as per their transaction. Admittedly the OP no.2 issued four cash vouchers of Rs. 1292/- each for the month of January to April and was asked to liquidate the cash vouchers within 124.04.15 but the OPs failed to liquidate the same cash vouchers.  Then the complainant filed a Consumer Case before this Forum   and Ops cleared the dues from the month of May, 2015 to November, 2015 and at the same time they promised to pay all the dues and the regular dues of Rs. 1292/- within the date of order ie 24.04.16 and will return the principle amount  within 21.12.16. The complainant therefore prayed before this Forum for   dismissing the case for non-prosecution. The complainant has filed the copy of said order dated 28.03.16 passed in CC No.98/15.  The grievance of the complainant is that  thereafter the OPs a  gain defaulted  and  they are not liquidating the cash vouchers according to the terms.  Hence, the complainant has filed this case before this Forum for a direction upon the OPs to pay the same.

We have seen the written version of the OP no.2 which is very cryptic and the allegation of the complainant remains unchallenged due to such written version of the OP no.2.

OP No. 1 did not contest the case.

Hence, after careful perusal of the petition of complaint and written version of the OP no.2 and the documents filed by the parties we are of the view that there is deficiency of service on the part of the OPs and the OPs should  pay the dues of cash vouchers to the complainant according to the terms of the policy.

Hence, it is

ORDERED

           That the complainant case No. 74 of 2017 be and the same is allowed on contest against the Opposite Party no 2 and ex parte against the OP no.1.

           The OPs are jointly and severally directed to pay Rs. 1292/- per month  from the month of April, 2016 to January 2017 totaling Rs. 12,920/- within one month from the date of this order failing which  they will have to pay an interest @ of Rs. 9% per annum from the date of this order till actual realization.

The OPs are also directed to pay compensation of Rs. 10,000/- for harassing the complainant along with litigation cost of Rs. 3000/- to the complainant within one month from the date of this order failing which the OP will have to pay a sum of Rs. 100/- per day as punitive charge which will be payable to the Consumer Welfare Fund of this Forum.

            Let copy of the judgment be supplied to all the parties free of costs.