Order-10.
Date-09/10/2015.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that is Housing Commissioner of Government of West Bengal, West Bengal Housing Board, and complainant made a deposit of Rs.5 lakhs on 09-06-2010 to OP as Special Deposit Scheme launched by W.B.H.B. for a period of 4 years and it carries interest at the rate of8 percent p.a. on the deposit amount and deposit receipt no.WBHB/001796 dated 09-06-2010 and Account No.SDS/965 and date of maturity was 09-06-2014. OP ought to have paid interest at the rate of8 percent p.a. but the OP has failed to pay interest within the stipulated time resulting loss of interest to the complainant. The details of the payment of interest and delay are narrated below :
Financial Year | Amount of Interest | Date on which payable | Date of Credit into Savings A/c. | Period of delay in payment of interest | Difference of interest amount at the rate of8 percent |
1 | 2 | 3 | 4 | 5 | 6 |
2010-2011 | 32,438/- | 31-03-2011 | 15-06-2011 | 75 days | Rs.533/- |
2011-2012 | 40,000/- | 31-03-2012 | 03-05-2012 | 32 days | Rs.281/- |
2012-2013 | 40,000/- | 31-03-2013 | 04-05-2013 | 33 days | Rs.289/- |
2013-2014 | 40,000/- | 31-03-2014 | 08-05-2014 | 37 days | Rs.324/- |
|
Maturity Amount | Date on which payable | Actual date of receipt | Date of actual receipt | Interest claim for the late payment at the rate of8 percent | Total Amount Claim 12 = 6+11 |
7 | 8 | 9 | 10 | 11 | 12 |
Rs.5,07,562/- | 09-06-2014 | 12-07-2014 | 33 days | Rs.3,672/- | Rs.5,099/- |
Thus complainants have incurred loss of interest and maturity value totally Rs.5,099/- and complainant informed the detailed matter to the Financial Advisor-cum-Chief Accounts Officer, W.B.H.B., and claimed thereby Rs.5,099/- vide letter dated 10-02-2015 but despite of receipt letter dated 10-02-2015 OP remain silent to redress the grievances of the complainant.
Complainant also drew the matter to the Assistant Director, CA&FBP, Kolkata Central RO under letter dated 03-11-2014 for amicable settlement of the matter but same failed and the Assistant Director directed to get the redress from the Forum and accordingly complainant suffered mental agony, monetary loss and suffering for which complainant has filed this complaint for redressal.
On the other hand, OP by filing written statement submitted the entire allegation is false and OP, in fact, in his written statement denied all the allegations and prayed for dismissal of the case.
Decision with Reasons
On an indepth study of the complaint and the written version and also considering the documents as filed by the complainant it is found that no doubt complainant deposited the said amount of Rs.5,00,000/- as a Special Deposit Scheme for a period of 4 years with interest at the rate of8 percent p.a. and as per rule of the OP regarding Special Deposit Scheme of West Bengal Housing Board the interest shall be accrued on the realization of the cheque tendered for the deposit and shall be payable only on 31st March of each year. Payment of interest shall be subject to deduction of income at source as per the provision of the Income Tax as amended from time to time. No doubt, the said subject deposit scheme matured but it is found that first interest amount is of Rs.32,438/- ought to have been paid on 31-03-2011 but it was credited on 15-06-2011 that is after 75 days, so loss was Rs.533/- in respect of amount of Rs.40,000/- ought to have been paid on 31-03-2011 but it was credited on 05-03-2012 that is after 32 days, so loss was Rs.281/-, in respect of Rs.40,000/- ought to have been paid on 31-03-2011 but it was credited on 04-05-2013 that is after 33 days, so loss was Rs.289/- and lastly in respect of Rs.40,000/- ought to have been paid on 31-03-2011 but it was credited on 08-05-2014 that is after 37 days, so loss was Rs.324/- but complainant received maturity amount Rs.5,07,562/- on 12-07-2014 in respect of 09-06-2014 that is after delay of 33 days for which complainants have suffered loss of interest at the rate of8 percent p.a. total Rs.3,672/- and by that way complainant suffered a loss of interest total of Rs.5,099/-. Fact remains OP in their written version has not able to prove anyway that the claim of the complainant is false but only they take a plea that is denial of allegation but no document is produced to show that the allegation of the complainant is baseless and OP has realized actual interest amount from the date of payment or the yearly interest were duly credited on the particular date that is on 31st March of every year. Fact remains complainant pointed out very specifically the particular date of credit of interest from 2010 to 2014 and in all cases it is found that OP credited the said amount after lapse of 32 days, sometimes after 33 days, sometimes after 37 days, sometimes after 75 days. But reason for delay for crediting the same is not explained and when it is proved that the yearly interest was credited after belated stage but OP did not pay the interest for that period at the same time it was matured on 09-06-2014 but cheque was received on 12-07-2014 that is long after 33 days and, in fact, the maturity amount must have been paid to the depositor within 3 to 4 days but in this case 33 days delay was found. So, invariably complainant is entitled to get 8 percent interest over the total amount of Rs.5,07,562/- (interest amount for 33 days) and total interest of Rs.3,672/- OP is bound to pay but cause of non-payment is not explained by the OP.
Considering the above fact it is clear that the present OP is very much reluctant to pay the amount to the depositors no doubt it is their business tactics and in such a way they are collecting huge interest without depositing the same to the depositor. As a Government establishment such a practice on the part of the OP is no doubt unfair trade practice as per Government Rule also but in all the cases the OP appeared before this Forum and denies the claim having no instrument to defend the allegation of the complainant. Present OP’s establishment is being run by such administration who has no legal sanctity in the eye of law and in respect of their delays they are very much reluctant to entertain the consumers and that is their business and to deceive the consumer in so many manners only on the ground they are the establishment of Government but fact remains Government must be fair in discharging their duties in paying the depositors amount with interest and that is the principle of the Welfare Government Institution. Whatever, it may be it is proved that complainant is entitled to get back total Rs.5,099/- for delayed payment of interest and delayed payment of maturity amount and OP is bound to pay the same but truth is that OP has enjoyed that amount and in such a manner they are running their business. If they are not able to promptly disburse the amount against deposit with interest on the fixed date as per agreement in that case they may close down their business to save the interest of public when they are unable to run their business with honesty and integrity. Everyone knows about the integrity of this institution their activities, their manner of behaviour with the consumers, their manner of handling the business in selling flats etc. also and no doubt by a deceitful manner the OP has been running their business which is proved in this case also for which written version is nothing but only denial. There is no clarification in the written statement against the allegation of the complainant so, we are convinced to hold that complainant has been deceived by the OPs and no doubt complainant is entitled to get a sum of Rs.5,099/- from the OP and OP shall have to pay it invariably within one month along with litigation cost of Rs.1,000/- because complainant for getting such relief has appointed Lawyer, submitted normal fees for filing the complaint and some other cost and suffered harassment but anyhow the OP can easily pay the same without harassing the complainant but their nature is to harass the customers and consumers that is also proved for which the complainant is entitled to get such litigation cost.
In the result, the case succeeds for the negligent and deficient manner of service of the OP and also for their deceitful manner of trade.
Hence,
Ordered
That the case be and the same is allowed on contest with a cost of Rs.1,000/- against the OP.
OP is directed to pay a sum of Rs.5,099/- at once to the complainant and also to pay a sum of Rs.4,000/- for harassing the complainant and causing the mental agony to the complainant and also for adopting such deceitful manner of trade.
OP is directed to pay the total decretal cost that is Rs.1,000/- + refund of Rs.5,099/- only as unpaid interest and compensation of Rs.1,000/- i.e. totaling Rs.10,099/- to the complainant within one month from date of this order failing which for non-compliance of the Forum’s order OP shall have to pay penal damages at the rate ofRs.50/- day which shall be assessed till full satisfaction of the case and if it is collected it shall be deposited to this Forum.
Even if it is found that OP is reluctant to comply the order in that case penal action u/s.25 read with Section 27 of the C.P. Act shall be started against them for which further penalty and fine shall be imposed.
