The case of the complainant is that complainant made agreement with OP No.1. The complainant paid Rs.1,01,000/- to OP No.1 with assurance of investment of the said sum with OP No.2. The complainant also paid Rs.1,02,000/- to OP No.1 with assurance to invest to the OP No.3. It was agreement between the complainant and the OP No.1 that complainant would get return those money in instalment and complainant will get more money than investment as stated above. For payment a written agreement was executed between the complainant and the OP No.1 as per terms in the agreement. It was written in the agreement that complainant would get return of those money in instalment as laid down in the agreement. But in no occasion the OP returned back the money. Complainant paid the money to OP No.1 on 31.03.2011. But the complainant made complainant before the Assistant Director, Consumer Affairs & Fair Business Practices, but due to unwillingness of the OPs, the negotiation meeting fails. The petitioner is entitled to get relief as prayed from OP No.1.
This case has been heard ex-parte as none appears.
To prove the case, the complainant has filed the following documents:-
1. Xerox copy of the petitioner’s bank pass book showing the withdrawal of money.
2. Xerox copy of the Agreement for Guarantor dated 27th March, 2012.
3. Xerox copy of the pre litigation mediation papers.
Complainant has filed evidence in-chief.
Complainant has also filed Written Notes on argument.
Complainant has also filed original two pass books of savings bank account. In the evidence in chief, complainant has stated that he handed over Rs.1,01,000/- to the OP No.1. In this regard, complainant has filed the original savings bank account of the two bank pass book as annexure A & B. Then complainant has stated in his evidence that he again invested Rs.1,00,000/- on 27/03/23012. Complainant has filed original savings bank account showing the entry of Rs.1,00,000/- on 27/03/2012 vide Annexure –A. The complainant has further stated in his evidence in chief that the original savings bank account showing the entry of Rs.1,00,000/- on 27/03/2012 is filled as Annexure-C.
The case has been heard exparte.
The OPs did not contest the case. So, there is nothing in record to disbelieve the evidence and documents of the complainant.
Contd........P/2
-:2:-
So, the case succeeds exparte.
The complainant is entitled to get all the relief and compensation as herein under which is reasonable.
Since the OP No.2 & 3 are missing, all responsibilities lies upon the OP No.1.
Therefore, the complainant is entitled to get back a sum of Rs.2,00,000/- from the OP No.1.
The complainant is further entitled to get Rs.50,000/- as compensation from the OP No.1.
The complainant is further entitled to get Rs.10,000/- towards litigation cost from the OP No.1.
In the result, the case succeeds exparte.
Hence, it is
O R D E R E D
that the Consumer Case No.91/S/2015 is allowed exparte against the OP No.1 with cost.
The complainant is entitled to get back a sum of Rs.2,00,000/- from the OP No.1.
The complainant is further entitled to get Rs.50,000/- as compensation from the OP No.1.
The complainant is further entitled to get Rs.10,000/- towards litigation cost from the OP No.1.
The OP No.1 is directed to pay a sum of Rs.2,00,000/- by issuing an account payee cheque in the name of the complainant within 45 days from the date of this order.
The OP No.1 is further directed to pay a sum of Rs.50,000/- by issuing an account payee cheque in the name of the complainant for compensation within 45 days of this order.
The OP No.1 is further directed to pay a sum of Rs.10,000/- by issuing an account payee cheque in the name of the complainant towards litigation cost within 45 days of this order.
In case of default, the amount will carry interest @ 9% per annum on the awarded sum of Rs.2,50,000/- from the date of filing of this case till full realization.
In case of default, the complainant is at liberty to execute this order through this Forum as per law.
Copies of this judgment be supplied to the complainant free of cost.
