Smt. Sangita Paul, Member
This is a case filed by Smt. Jyotsna Das W/o. Tarak Nath Das of Rail Quarter Park, Kalibari Lane, Dakshin Ghoshpara. Rajpur Sonarpur Municipality, P.O. & P.S. – Sonarpur, Kolkata-700 150 against authorized signatory of Hamara India Credit Co-operative Society Limited and authorized signatory of Hamara India Credit Co-operative Society Limited, Sonarpur Sector Office with a prayer for direction to pay the maturity amount of Rs.3,05,221/- with interest to the complainant, to pay further sum of compensation of Rs.50,000/- to the complainant for suffering from mental pain and agony.
OP No.1 is the authorized signatory of Hamara India Credit Co-operative Society Limited. The address is Mangal Jyoti, 101, 227/2 AJC Bose Road, Kolkata-700 020.
OP No.2 is the authorized signatory of Hamara India Credit Co-operative Society Limited, Sonarpur Sector Office. The address is Padma Market, 2nd Floor, Gorkhara, P.O. & P.S. – Sonarpur, Kolkata-700 150.
The complainant by filing this case states that being satisfied and allured by the representation of the OP No.2 and relying on the terms and conditions, complainant purchased certificates by depositing money from Hamara India Credit Co-operative Society Limited which is a non-banking financial organization registered under the Complany’s Act 1956. He deposited a sum of money with a hope of getting the matured amount of Rs.3,05,221/- only. The complainant deposited Rs.35,587/- only on 10.02.2016 being certificate No:605001617077, the date of maturity was 10.02.2019 and the maturity amount was Rs.54,662/-, the A/C No: was 155861403105. Complainant deposited Rs.17,409/- on 10.02.2016 being certificate No:605001617073, the date of maturity was 10.02.2019 and the maturity amount was Rs.26,740/-, the A/C. No. was 15886403102. Again on 09.02.2016 complainant deposited Rs.14,301/- being certificate No:605001617056, the date of maturity was 09.02.2019 and the maturity amount was Rs.22,059/-and the A/C. No: was 15886402959. Thereafter on 09.02.2016 complainant deposited Rs.17,409/- being certificate No:605001617057, the date of maturity was 09.02.2019 and the maturity amount was Rs.26,740/- and the A/C. No. was 15886402960. Thereafter, on 09.02.2016 complainant deposited Rs.14,438/- being certificate No.605001617055, the date of maturity was 09.02.2019 and the maturity amount was Rs.22,177/- and the A/C. No. was 15886402958. Again on 10.07.2016 complainant deposited Rs.33,896/- being certificate No.605001617075, the date of maturity was 10.02.2019 and the maturity amount was Rs.52,064/- and the A/C. No. was 15886403104. On 09.02.2016 the complainant deposited Rs.35,862/- being certificate No:605001617054, the date of maturity was 09.02.2019 and the maturity amount was Rs.55,084/- and the A/c. No. was 15886402957. Again on 10.02.2016 complainant deposited Rs.22,223/- being certificate No. 605001617074 the date of maturity was 10.02.2019 and the maturity amount was Rs.34,135/- and the A/C. no. was 15886403103. Lastly on 15.02.2016, complainant deposited Rs.7526/- being certificate No.605001617150, the date of maturity was 15.02.2019 and the maturity amount was Rs.11,560/- and the A/c. No. was 15886403615. Complainant states that after the date of maturity of the certificates, complainant went to the office of OP No.2 and asked for payment of amount payable on maturity. OP No.2 assured for payment to complainant. Thereafter complainant visited the office of OP No.2 and OP No.1 but they started harassing complainant by deferring the date of payment on various pleas one after another. Ultimately the OPs did not pay any amount to the complainant, though he was entitled to get the amount. That such acts of the OPs are serious, unfair trade practice and deficiency in service. Earlier complainant filed a complaint before the Assistant Registrar, CA & FBP, 24 Pgs (South). And the OPs did not solve the problem through the process of mediation. At last the complainant filed the instant case before the District Commission.
That the cause of action arose on 15.02.2019 and the date of maturity of the last certificate was 15.02.2019 and it is still continuing. Hence the complainant prays for a direction to the OPs to pay the maturity amount of Rs.3,05,221/- to the complainant, to pay further sum of compensation of Rs.50,000/- to the complainant for suffering from mental pain and agony and to pay the litigation cost of Rs.20,000/- to the complainant.
The case was filed on 28.12.2021. The case was admitted to 07.01.2022. On 24.02.2022, the OPs did not appear in spite of receiving the notices. On 29.04.2022 the OPs were absent on call. The case was declared exparte against the OPs. Argument was heard on 29.07.2022 and we proceed for giving judgement.
Points of Consideration
01.Is the complainant a consumer?
02.Are the OPs guilty of deficiency in service and unfair trade practice?
03.Is the complainant entitled to get relief as prayed for?
Decision with Reasons :-
- On perusal of records and documents, it appears that the complainant deposited Rs.1,98,711/- through nine certificates. Complainant deposited with a hope of getting a good return. Being allured by the attractive representation of the OP No.2, complainant deposited the cash certificates. Complainant deposited Rs.1,98,711/- for three years (36 months). Complainant was supposed to get a handsome amount, but the complainant failed to get the amount of
Rs.3,05,221/-. This was admitted by the OPs. By depositing money complainant did not get anything. By investing a considerable amount the complainant sustained huge loss. As the complainant purchased nine cash certificates by spending Rs.1,98,711/- , he is a consumer u/s 2(7) of the C.P. Act, 2019. The first point is thus decided in favour of the complainant. - Complainant purchased nine cash certificates with a hope of saving. But she was totally deprived. She invested money for three years. Bought several cash certificates. Cash Certificates were bought on different dates from 09.02.2016 to 15.02.2016, spending Rs.1,98,711/- for purchasing these cash certificates from Hamara India Credit Co-operative Society Limited. Complainant invested the aforementioned amount with a hope of getting Rs.3,05221/-. Complainant was supposed to get the amount from 09.02.2019 to 15.02.2019. Three and half years past, complainant failed to receive a single farthing. Complainant invested money 6-years back. The OPs gave assurance that as per statements made in the certificate, complainant would get the money back with interest. The certificate depicted in detail that complainant would get the money, as it was mentioned in the cash certificates. After the date of maturity the complainant contacted with the service providers i.e. the OPs, several times. But failed to contact. Complainant at last contacted with the OP No.2. The complainant was assured that she would get her matured amount very soon. As the certificates were sold by Hamara India Credit Co-operative Society Limited, it was the duty of the OPs to inform the complainant and disburse the matured amount. The complainant went to contact with them but they gave her false assurance that she would get the money very soon. It is a fact that complainant did not get the money till the institution of the case. The OPs failed to render adequate service to complainant. Rather, they were deficient in providing service. Rs. 1,98,711/- is lying with the OPs from 09.02.2019. The OPs did not return either the Principal amount or the amount with interest. Hence, the OPs adopted unfair trade practice. As a result, the second point is decided in favour of complainant and against the OPs.
- Complainant invested the money from 09.02.2016 to 15.02.2016. The money was invested for three years. In the cash certificates it was clearly mentioned that complainant would get the money back after completion of 36 months. Three and half years have passed but comp-lainant was yet to get the matured amount. Complainant went to the office of OPs 1 & 2 for several times. They assured complainant verbally. But in reality complainant failed to get the matured amount. The date payment was deferred. The OPs took various pleas for not returning the amount. It was complainant’s hard earned money. As the dates were deferred by the OPs complainant spent time in mental pain and agony. The complainant being a consumer was deprived by the OPs. She spends time in anxiety. It was uncertain whether she would get her money back or not. Due to deficient act of the OPs, the complainant is spending time in mental agony. Hence she is entitled to get the relief as prayed for. Hence, the third point is decided in favour of complainant and against the OPs.
In the result, the complaint case succeeds.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed exparte against the OPs with cost of Rs.10,000/- only.
That the OPs jointly or severally are directed to refund the matured amount of Rs.3,05,221/- (Rupees three lakhs five thousand two hundred and twenty one) with simple interest @10% per annum w.e.f. 15.02.2019 till disposal of the case to complainant within 60 days from the date of this order.
That the OPs jointly or severally are directed to pay compensation to the tune to Rs.50,000/- (Rupees fifty thousand) only to the complainant within 60 days from the date of this order.
That the litigation cost of Rs.10,000/- (Rupees ten thousand) is to be paid by the OPs to the complainant within the stipulated period of 60 days.
That the complainant is at liberty to put the order into execution if the orders are not complied with within the stipulated period of 60 days.
Let a copy of the order be supplied to the parties concerned free of cost.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
(Sangita Paul)
Member
