DATE OF FILING                   :  27-02-2012.

DATE OF FINAL ORDER      :  11-06-2012.

Sailen Mondal,

son of O.P. Mohadev Mondal,

residing at Ramrajatal Arupara,

P.O. G.I.P. Colony, P.S. Jagacha,

Howrah – 711112.------------------------------------ Complainant.

                              -   Versus   -

Fast Call Associates,

Office No. 3 ( ground floor ),

S.C.O. – 51, Sector – 47 C,

Chandigar – 160047.----------------------------------Opposite party.

                                                P    R    E     S    E    N     T

President     :       Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :        Shri P.K. Chatterjee.

                                          F  I   N   A    L       O   R   D    E     R

1.        The complainant Sailen Mondal, pursuant to an advertisement in the  Ananda Bazar Patrika dated 28-11-2011 inviting loan application by Fast Call Associates, submitted applications before the same concern on 26-03-2011 together with the requisite documents and subsequently as per the demand of the same concern  sent Rs. 21,990/- on different dates through cheques. Ultimately the complainant though tried to make contacts through  phone, the O.P. concern  did not respond any thing. Hence the case with the prayer for refund of Rs. 21,990/- together with interest and for  Rs. 47,500/- towards compensation for his mental agony and pain.

2.     In spite of repeated notices to the O.P. the O.P. did not turn up. Postal endorsement ‘left’ being a good service in view of the decision reported in AIR 1991 Calcutta 152, the case was heard ex parte.

3.            Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

Whether the complainant is  entitled to get any relief as prayed for ? 

Decision with reasons :

4.          Both the points are taken up together for consideration.  The instant case is a glaring example of duping. The innocent complainant being swayed at the advertisement published in the Ananda Bazar Patrika on 28-11-2011, started making correspondences and the clever O.P.  extracted money stage by stage and ultimately extracted money to the tune of Rs. 21,990/- When the extraction of the money was done, the company like volatile substance evaporated in the air. The complainant in spite of thousands efforts did not get the reach of the said Fast Track   Associates. The trap spread over by the O.P. is sufficient to lure the ambitious youths and this is actually happened  in the instant case.

5.         Perused the documents ( photo copies ). In  view of unchallenged enclosures we are of the view that this is a fit case for allowing the complaint in terms of his prayer as the deficiency in service on the part of the O.P. is clearly manifested. Both the points are accordingly  disposed of.

        Hence,

                                                O     R     D     E      R     E     D 

        That the C.C. Case No. 14 of 2012 be and the same is allowed ex parte with costs against the O.P.

         The O.P., Fast Track  Associates shall refund the sum of Rs. 21,990/- and a compensation to the tune of Rs. 47,500/- for his mental pain and agony.

          The complainant is further entitled to a litigation costs of Rs. 10,000/-.

         The  O.P. do pay the total amount of Rs. 79,490/- within 30 days from the date of this order failing the amount shall carry interest @ 18% per annum till full satisfaction.

          The complainant is at liberty to put the order into execution after expiry of the appeal period.

          Supply the copy of the order to the parties, as per rule.