Order No. -08                                                                                  Dt.-27/07/2015

Shri Asoke Kumar Das,President

The complainant is present in person and he files hazira. The case is taken-up for exparte hearing.

Heard submission of the complainant in person. Peruses the documents i.e. Money Receipts(21) nos. filed to day by the complainant. The case of the complainant is closed.

Complainant’s case in short is that he has deposited Rs.2,400/- in the advance product booking installment scheme of ICORE E-Services Limited at Rupashree Complex, DBC Road, Jalpaiguri. He has paid all the installment as per the said scheme. The date of maturity of the said scheme was on 30/07/’13 and the maturity amount is Rs.2,675/-. It is alleged by the complainant that he requested the OPs time and again for payment of said maturity amount of Rs.2,675/- but invain. According to the complainant such activity of OPs certainly comes within the per-view of unfair trade practice. Hence this case.

By filing this case the complaint has prayed for a direction upon the OPs to pay him the maturity amount of Rs.2,675/- with interest immediately, for payment of Rs.10,000/- towards his mental agony, Rs,10,000/- towards unfair trade practice and Rs.2,000/- towards litigation cost.

Notice was issued and served upon all four OPs but only OP-4 Kishore Mustafi appeared but finally he didn’t contest the case. Hence, the case is hard exparte.

Seen and perused the documents filed by the complainant and his petition complaint which is supported by Affidavit. Now after due consideration all these we find and hold that the complainant has proved his case by his unchallenged averments in his petition of complaint as well as by documents i.e. Money Receipts. Therefore, we find and hold that the complainant is a consumer, the case is maintainable as the case was filed within the statutory period of limitation of 2 years from the date of cause of action and that the OPs are guilty for unfair trade practice as alleged by the complainant and accordingly the complainant is entitled to the reliefs as specified below.

Hence, it is                

O R D E R E D

            That the case / application is allowed exparte against all four OPs with cost of Rs.1,000/-.

The complainant do get an award of Rs.2,675/- i.e. entire maturity amount.

The complainant do get further award of Rs.2,500/- towards his mental pain and agony for unfair trade practice adopted by the OPs and Rs.2,500/- against the OPs for their adopting unfair trade practice.

The OPs are hereby directed to pay to the complainant the aforesaid awarded amounts and cost amounting to Rs.8,675/-(Rupees Eight Thousand Six Hundred and Seventy Five)only in total within 30 days from this day, failing which it will accrue interest @7.5% P.A. till realisation and the complainant shall be at liberty to put this order into execution in accordance in law.

Let copy of this order be supplied to the parties free of cost forthwith in terms of Rule 5(10) Consumer Protection Rules 1987.