Ld. Advocate(s)

                   For Complainant: Kuntal Pramanik

                   For OP/OPs :None

Date of filing of the case        :04.02.2021

Date of Disposal  of the case :21.03.2023

(2)

Final Order / Judgment dtd.21.03.2023

Complainant Uttam Mondal filed the present complainant against the aforesaid opposite parties under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service and prayed for refund of deposited amount, compensation amounting to Rs.1,20,000.00 (Rupees One lakh twenty thousand) and Rs.60,000.00 (Rupees Sixty thousand) for mental pain and agony.

 It is the allegation of the complainant that he deposited Rs.5,250.00 (Rupees Five thousand two hundred fifty) before the OPs and they were agreed to refund the same along with interest. On many occasions complainant request the OPs to refund the deposited amount along with interest but they initially assured to refund the same but ultimately refused to return the principal amount along with interest. Hence, this case.  

Trial

During trial complainant Uttam Mondal filed affidavit in chief.

He also filed one document i.e pass book.

Brief Notes of argument.

                   Complainant in support of his case filed Brief Notes of Arguments. On 06.03.2023.

Decision With Reasons

                   Ld. Adv. for the complainant argued before this commission that complainant deposited Rs.5,250.00 (Rupees Five thousand two hundred fifty) before the office of OP No.1 & 2 and on that time they issued one pass book to that effect. It will be clear from the entry of the pass book that during 20.12.2017 to 03.05.2018 complainant deposited Rs.5,250.00 (Rupees Five thousand two hundred fifty). But thereafter on several occasion complainant visited the office of OP No.1 & 2 but they did not refund the principal amount with the interest. Hence, the complainant filed this case.

          On perusal of affidavit sweared by the complainant on 23.02.2023 which has submitted before this Commission we find that complainant deposited Rs.5,250.00 (Rupees Five thousand two hundred fifty) before the office of OP No.1 & 2. Aforesaid affidavit in chief is nothing but unchallenged testimony. So we do not find any reason to disbelieve the contents of the said affidavit.

On perusal of pass book issued by Branch Manager K.D.S. Trust, Bhimpur Branch we find that complainant deposited Rs.5,250.00 (Rupees Five thousand two hundred fifty) before them during 20.12.2017 to 03.05.2018. There is no counter evidence against the said fact before this Commission. No counter documents have been filed before this Commission against the said fact.

Accordingly we do not find any reason to disbelieve the same.

(3)

On careful consideration of the facts and circumstances of this case and allegations which lodged against the OP No.1 & 2 and on careful perusal of documents on record we find that complainant is the consumer and OP No.1 & 2 is the service provider. We also find that OP No.1 & 2 are the representative of K.D.S. Trust  Bhimpur Branch.

Having regard to the aforesaid discussion it is clear before us that complainant deposited to Rs.5,250.00 (Rupees Five thousand two hundred fifty) before the office of OP No.1 & 2 on 03.05.2018 and till date he did not get the principal amount along with interest which amounts to deficiency in service.

Accordingly we find that complainant is entitled to relief against the OP NO. 2 as per his prayer.

In the result present case succeeds.    

Hence,

It is

`                           Ordered

                                       that the  present case be and the same is allowed ex-parte  against the OP NO.2 with cost of Rs.3000.00 (Rupees Three thousand) to be paid by OP No.2 in favour of complainant.

OP No.2 is directed to refund Rs.5,250.00 (Rupees Five thousand two hundred fifty) in favour of the complainant along with interest @ 9% per annum from 20.12.2017 to till the date of actual payment positively within one month from this date failing which complainant shall have liberty to put the order into execution.

Let a copy of this order be supplied to the complainant as free of cost.

Let a copy of this order also be supplied to OP NO.2 for compliance.  

Dictated & corrected by me

 ............................................

                PRESIDENT

 (Shri   DAMAN PROSAD BISWAS,)                      .................................................

                                                                                                                                  PRESIDENT

                                                                       (Shri   DAMAN PROSAD BISWAS,)               

I  concur,

                                                                                                .............................................                                        

          MEMBER                                                                          

(NIROD BARAN ROY CHOWDHURY)