: J U D G M E N T :
The petitioner, Sk. Mohommad Sabbir has filed the instant case under Section 12 of the Consumer Protection Act, 1986 against the opposite party, Kunal Chatterjee, Director, Goldman International Ltd. herein OP 1 and Manasi Chatterjee (Sarkar) herein OP No. 2.
Case of the petitioner in brief:-
The petitioner purchased two nos. of certificates from the OPs being allured by the offers promised to be given to the customers by the Ops. Certificate No. 1 was purchased on 26.02.12 to be redeemed on 26.02.14 (CIF No. 10011001450 and PMR No. D 65753491) & certificate No. 2 was purchased on 23.03.2013 to be redeemed on 23.03.14 (CIF No. 10011001450 PMR No. D14758966. The certificate No. 1 was for Rs. 50,000/- & certificate No. 2 was for Rs. 30,000/- and both were purchased from Krishnagar Branch. Petitioner got the first MIS on 26.03.2013 for policy PMR No. D65753491 @ 7% interest per month i.e., Rs. 2100/- and got the second MIS on 23.04.13 for policy PMR No. D14758966 @ 7% interest per month i.e., Rs. 3500/-. Thereafter, there was a rumour that the consumers of Goldman International Ltd. were not getting the redemption amount after maturity of their certificates. The petitioner got perplexed and applied before the OPs for withdrawal of the face value of the certificates on 02.05.13 (Rs. 50,000/- & Rs. 30,000/) and to that effect deposited the necessary documents. The complainant also went to lodge a GDE at the Kotwali P.S. against the OPs but the police authority told the petitioner that already quite a large number of cases were pending before A.C.J.M. Krishnaga Nadia. The petitioner went to the OPs office on several occasion but the latter always turned deaf ears to his request and on the last occasion the petitioner was driven out from the OP’s office premises denying to give any payment to the petitioner. Hence, the petitioner was compelled to file the instant case before the Forum with the following prayer.
- Direction upon the OP to pay Rs. 80,000/- (Rs. 50,000/- + Rs. 30,000/-) i.e., the matured amount along with 12% interest from the date of maturity till final payment.
- Direction upon the OP to pay an interest @ 7% per month on the maturity amount from the dates of maturity till the date of payment.
- Direction upon the OPs to pay Rs. 1,00,000/- as compensation along with litigation cost.
The case was heard ex parte on 11.08.15.
From the pleadings, affidavit-in-chief and the documents filed by petitioner we frame the following issues for proper adjudication of the case.
Point No. 1. Whether the petitioner a consumer under the OPs?
Point No. 2. Whether the OPs suffer from deficiency in service?
Point No. 3. Whether the petitioner is entitled to get relief from the OPs as prayed for?
DECISIONS WITH REASONS
- The petitioner is a consumer under the OP as per Section 2(d)(i) of the Consumer Protection Act, 1986.
2 & 3
For the purpose of brevity and convenience both the points are taken up together.
The petitioner has filed two receipts of Goldman International Ltd. (Receipts No. 36724089) wherefrom one can find that a customer is at liberty to withdrawn his / her fund after 3 months from the date of deposition. It is also written over there that a customer can withdraw the deposit without any penalty after giving a short 1 month notice and the company can also refund the deposit by giving one month notice. But we find from a document submitted by the petitioner that OPs received a request letter from the petitioner on 02.05.13 and a person called Surojit Das who happened to be a Back Office Execited of Goldman International Ltd. accepted the letter with the company seal.
But the petitioner did not receive any payment till the filing of the instant case and even today. Hence, the OPs are deficient in their services and the petition is entitled to get relief as prayed for.
IPO paid is correct.
Hence,
Ordered,
That, the case CC/2015/10 be and the same is allowed ex parte against the OPs with cost. The OPs are jointly or severally liable to pay Rs. 50,000/- along with 9% penal interest from the date of redemption i.e., 23.03.14 and Rs. 30,000/- also with 9% penal interest from the date of redemption i.e., 26.02.2014 till final payment. OPs are also directed to pay the outstanding monthly interest @ 7% on the face value of Rs. 50,000/- & Rs. 30,000/- till the date of payment along with compensation of Rs. 8,000/- and litigation cost of Rs. 2000/-. All the payment have to be made within one month from the date of order. In default the penal interest of 9% will shoot up to 18%.
Let a copy of this judgment be delivered to the parties free of cost.
