For the Complainant -Mr. Avijit Bhuina, Advocate
For The Ops - Mr. Kingshuk Karmkar, Advocate
FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.12 of the C.P. Act, 1986.
The case of the complainant, in a nutshell ; is that she deposited Rs. 1,46,452/- with the OPs on 01.01.2016 and the OPs issued two certificate bearing Nos. 465 000248666 & 465 000248665 in her favour. Such amount was deposited to the O.Ps. with a hope to get monthly return and with further assurance to get withdraw principal amount at any point of time within 24 hours from the date of intimation. Complainant is a widow and cancer patient. She has no source of income to maintain herself including her family members. For paucity of fund she was compelled to obtain unsecure loan for marriage of her daughter. She had been to the office of OP-1 to get refund of the deposited amount and also returned with lots of assurance. The OPs failed and neglected to refund the deposited amount. She came to know from the agent of the OPs that the O.P. company running from various financial paucities. Finding no other alternative, she was compelled to issue legal notice dated 08.05.2019 to the office which was duly served. Neither the OPs refund the principal amount of Rs. 1,46,452/- nor replied the legal notice. Complainant alleged that the acts, activities and conduct of the OPs constitute a clear case of deficiency of service and unfair trade practice. Hence, the complainant has prayed for directing the OPs to make payment of principal amount of Rs. 1,46,452/- along with interest at the rate of18 percent p.a. till the date of making payment including compensation of Rs. 1,50,000/- and litigation cost of Rs. 10,000/-.
The OPs have contested the case by filing WV contending inter alia, that Hamara India Credit Co-Operative Society Ltd. and Sahara Credit Co-Operative Society is not same and identical society. The consumer complaint is mis-conceived, groundless and is liable to be dismissed with cost.
Decision with Reasons
Complainant Smt. Beauty Das has filed her evidence by way of affidavit supporting the allegations made in the complaint. Ld. Advocate for the complainant has taken us through the consumer complaint as also evidence adduced in support of the complaint. On perusal of the photocopies of certificate bearing nos. 465 000248666 & 465 000248665, it appears that the complainant deposited Rs. 69,066/- and Rs. 77,386/- respectively to OPs and the maturity date of those certificates are 01.05.2021. Complainant is a widow and also cancer patient. On account of paucity of fund, she was compelled to obtain unsecure loan for marriage of her only daughter and requested the OPs to refund the deposited amount. The OPs company is running from various financial paucities and not in a position to refund principal amount. Photocopy of legal notice dated 08.05.2019, goes to show that the complainant through her Advocate call upon the OPs to refund the deposited amount of Rs. 1,46,452/- along with interest at the rate of18 percent p.a. within 15 days from the date of service of notice. Despite service of notice, the OPs did not refund the principal amount to the complainant. Thus, it stands to prove that the OPs have failed to refund deposited amount of Rs. 1,46,452/- to the complainant against certificate Nos. 465 000248666 & 465 000248665. In absence of any explanation, failure to comply the legal notice dated 08.05.2019, we have no hesitation in concluding that the OPs have committed deficiency in service as also have indulged unfair trade practice. We do not find any reason why the OPs collected the amount from the complainant by issuing certificates and hold the amount as per their own discretion. The complainant is a widow and also cancer patient. She needs money for her medical treatment and livelihood.
Now, the question as to what should be the amount of compensation to be granted to the complainant? Ld. Advocate for the complainant however, has pressed interest at the rate of18 percent p.a. on the deposited amount of Rs. 1,46,452/- including compensation of Rs. 1,50,000/- and litigation cost of Rs. 10,000/-. In our opinion, the claim of interest at the rate of18 percent p.a. and compensation of Rs. 1,50,000/- is too much excessive. In our considered view, it would adequately meet ends of justice, if simple interest at the rate of6 percent p.a. and Rs. 25,000/- as compensation are allowed on account of mental agony and physical harassment suffered by complainant.
In view of the foregoing discussion, the consumer complaint is allowed in part on contest against the OPs with the following directions:-
- The OPs are directed to refund principal amount of Rs. 1,46,452/- (Rupees one lac forty six thousand four hundred fifty two) only to the complainant along with simple interest at the rate of6 percent p.a. from the date of deposit (i.e. 01/01/2016) till actual payment.
- The OPs are directed to pay Rs. 25,000/- (Rupees twenty five thousand) only as compensation on account of mental and physical harassment suffered by the complainant.
- The OPs are directed to pay Rs. 5,000/- (Rupees five thousand) only towards litigation cost to the complainant.
The above directions be complied by the OPs within a period of 30 days from today, failing which the complainant shall be at liberty to execute the order by filing application under Sections 25 & 27 of the CP Act, 1986 against the OPs.
Order be communicated to the parties as per rules.
