Judgment : Dt.12.9.2017

Shri S. K. Verma, President.

            This is a complaint made by one Archana Baidya, 73/10, Baruipara Lane, Kolkata-700035 against Chairman, Prayag Infortech Hi Rise Ltd., P-45, Bhupen Roy Road, P.S.-Behala, Kolkata-700 034, praying for a direction upon the O.P. to refund the amount of Rs.9,450/- only being maturity value of recurring deposit and compensation of Rs.20,000/- and litigation cost of Rs.5,000/-.

            Facts in brief are that Complainant is a hapless lady. Complainant purchased a Membership certificate from the OP on 28.2.2011. This recurring deposit scheme launched by the OP and an amount of Rs.90/- was to be deposited per month for 60 months. Accordingly, OP issued the membership facilities certificate No.5161195 dt.28.2.2011. At the time of taking membership certificate, Complainant was residing at her permanent address at Vill & P.O.- Chto Sahebkhali, Dist.- 24-Parganas (N), PIN-743439. Complainant paid total amount of Rs.5,400/- (Rs.90/- X 60 month). Copy of money receipts said recurring deposit matured on 27.2.2016 and the maturity value of Rs.9,450/-. Complainant requested the OP to refund the matured value. But OP did not refund. Complainant by the letter dt.19.12.2016 requested the OP to redress the grievance but of no use. So, Complainant filed this case.

            OP did not contest the case by filing written version and so the case is heard ex-parte.

Decision with reasons

            Complainant filed a petition for treating the petition of complaint as affidavit-in-chief.

Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the prayer portion, it appears that Complainant has prayed for refund of maturity value of Rs.9,450/-. Complainant has filed Xerox copy of the certificate which reveals that the certificate was issued by OP which was to mature on 27.2.2016. Complainant has also filed original of it. This certificate matured on 27.2.2016. But OP did not refund Rs.9,450/-. As the allegation of Complainant remained unchallenged and unrebutted, she is entitled to refund of Rs.9,450/-. Complainant has also prayed for compensation of Rs.20,000/-. Considering the facts and circumstances, it appears that the compensation sought for is excessive. The Complainant is entitled compensation of Rs.5,000/- and litigation cost of Rs.2,000/-.

            Hence,

ordered

            CC/251/2017 and the same is allowed ex-parte against OP. OP is directed to pay Rs.9,450/- within three months of this order. In addition, OP is directed to pay to the Complainant Rs.7,000/- (Rs.5,000/- as compensation and Rs.2,000/- as litigation cost), in default the total amount of Rs.16,450/- shall carry interest @ 10% from the date of this order till full realization.