This is a case filed u/s 12 of C.P. Act, 1986 ( as amended upto date).

The case in brief is that being attracted with the schemes launched by the O.P. company the Complainant deposited Rs.26,250/- and Rs.10,802/- before Branch Manager, Prayag Infotech Network (P) Ltd., Sarada Pally, Kenduadihi, Bankura (The O.P. no.1) and the O.P. no.1 duly acknowledged the deposited amount by issuing two receipts and thereafter the Chairman, Prayag Infotech Network (P) Ltd. P – 45, Bhupen Ray Raod, Kolkata – 700034 (The O.P. no.2) issued two certificates namely Prayag e Gold Certificate through O.P. no.1 in the name of the Complainant.

On maturity of those two certificates the Complainant submitted the original certificates before O.P. no.1 for getting back the maturity amount but O.P. no.1 took some time and assured for payment.  After that the Complainant met with O.P. no.1 and contacted over telephone several times ; but the O.Ps. did not pay any heed.  Finding no other alternative the Complainant filed this case praying for the direction upon the O.Ps. to pay the maturity value of those two certificates i.e. Rs.30,975/- and Rs.14,259/- to the Complainant along with interest and compensation of Rs.20,000/- and litigation cost.

Notice upon O.P. no.1 has been published in well circulated Bengali newspaper namely “Ajkal” and thus duly served through substitute method but O.P. no.1 did not appear to

 contest with the case and accordingly the case has been heard exparte against O.P. no.1.

Notice upon O.P. no.2 has been duly served and O.P. no.2 received the same with proper endorsement upon the A/D Card but did not appear to contest with the case.  So, the case has been heard exparte against O.P. no.2 also.

The Complainant filed Xerox copies of some documents and prayed to treat the complaint with affidavit as written argument. 

We have heard Ld. Lawyer for the Complainant and perused the documents carefully.

Following points are necessary to discuss for the determination of the case.

i)  Whether the Complainant is a Consumer ?

ii)  Whether this Forum has jurisdiction to entertain the case ?

iii) Whether there is any deficiency in service on the part of the O.Ps.

iv)  Whether the Complainant is entitled to get any relief or reliefs as prayed for.

Point – 1):  Evidently the Complainant deposited Rs.26,250/- and Rs.10,802/- before O.P. no.1 vide receipt no.0204588 and Receipt No. A 8101750 dated 13-03-2014 and 17-02-2014 respectively and the O.P. Company issued two certificates Vide no.105 – 0104781 dated 13-03-2014 and 105 – 0101338 dated 17-02-2014.  Therefore, the relation between the parties has been established.

So, the Complainant is a Consumer of the O.P. Company u/s 2(1)(d)(ii) of C.P. Act, 1986.

Point – 2:  The total valuation of the case is within the pecuniary jurisdiction of this Forum i.e. within 20,00,000/-.  The O.P. Company had its branch office at Bankura from where the money receipts have been issued.

So, this Forum has both territorial and pecuniary jurisdiction to entertain this case.

Point – 3 & 4:  Both the points are interrelated to each other and taken up together for discussion for the sake of convenience and brevity.

The documents filed by the Complainant shows that the Complainant had deposited Rs.26,250/- and Rs.10,802 before O.P. no.1 on 13-03-2014 and 17-02-2014 respectively and the O.P. Company issued two certificates namely Prayag e gold certificate with Gold /

Silver Redemption value of Rs.30,975/- and Rs.14,259/- and date of redemption  12-03-2015 and 16-02-2016 respectively.

At the time of hearing and in the petition of complaint the Complainant stated that he has submitted the original certificates before O.P. no.1 on maturity of the investment for getting back the redemption value but the O.P. Company did not pay the amount till now.

In the instant case the O.P. no.2 received the notice with proper endorsement upon the A.D. Card and notice upon O.P. no.1 has been duly served with substitute method of paper publication but none of them or their representative appeared before this Forum to contest with the case.  So, the case has been heard exparte against the O.Ps.

Therefore, the documents filed by the Complainant and the petition of complaint with affidavit remain unchallenged and we have none other option but to rely upon the unchallenged testimonies of the Complainant.

Under such circumstances we are of the view that there is deficiency in service on the part of the O.Ps.  Thus the Complainant’s case succeeds.

Proper fees have been paid.

Hence, it is

                                                               Ordered

That the C.C. no.85/2016 be and the same is allowed exparte against the O.Ps.

The O.Ps. are here by severally or jointly directed to pay the redemption value of two certificates i.e. Rs.30,975/- and Rs.14,259/- to the Complainant along with interest @ 10% per annum from the date of filing of this case till the realization of those amounts. 

The O.Ps. are also directed to pay Rs.3,000/- as litigation cost to the Complainant along with the above mentioned amount within two months from the date of this order failing which the Complainant shall be at liberty to execute this order as per rule and procedure of the Act.

Copy of this order be supplied to the parties each free of cost.