Date of Filing: 22-04-2016                                                      Date of Final Order: 26-04-2017

Sri Gurupada Mondal, President.

          This is a case under Section 12 of C.P. Act, 1986 filed by one Ajit Kumar Chowdhury against Joyguru Small Saving Benefit Fund Nidhi Ltd. (Nidhi Bank), Dawaguri, Cooch Behar represented by its Director & Authorised Signatory Sri Subhajit Das and Sujit Kumar Das, one another Director of Joyguru Small Saving Benefit Fund Nidhi Ltd. (Nidhi Bank), Dawaguri, Cooch Behar praying for direction to the O.Ps to pay the amount of Rs.4,00,000/- for monetary loss, pecuniary loss, illegal trade practice of the O.Ps and Rs.1,00,000/- for mental pain, agony and unnecessary harassment. 

          The case of the Complainant in short is that he is a retired Govt. Employee and received some retirement benefit and in the year 2013, the O.Ps met with the Complainant and assured him that their Bank is under the control of Reserve Bank of India and obtained banking license to run a Bank and showed him some false and fabricated documents and convinced him to deposit money in the MIS & R/D scheme. Being attracted by the O.Ps, the Complainant invested Rs.1,25,000/- on 07/08/2013, Rs.1,25,000/- on 11/01/2014 and Rs.50,000/- on 13/11/2014 under MIS scheme with the rate of interest of Rs.1,562/- per month for the amount of Rs.1,25,000/- and Rs.625/- for the amount of Rs.50,000/-. The maturity value was shown of Rs.1,32,000/- against the amount of Rs.1,25,000/- and Rs.52,600/- against the amount of Rs.50,000/-. The interest of the aforesaid was being paid in Savings A/c. No.0000002386 and the Complainant got interest up to 22/09/2015 and after 22/09/2015 the O.Ps did not pay interest under the MIS scheme on various pretext. The Complainant met with the O.Ps in various occasions but the Complainant got nothing except assurance to pay the interest.

         It is the further case of the Complainant that the Complainant on good faith deposited Rs.10,000/- on 24/04/2013 and the O.Ps issued a certificate being No.0000003221 under Folio No. C/114, showing maturity of Rs.80,000/- as on 24/10/2019 and the Complainant opened a R/D account vide No. RD/336, Folio No. BILL/244 of monthly instalment of Rs.1,000/- and paid Rs.24,000/- up to 22/09/2015 and the date of maturity was 23/10/2019 having a maturity amount of Rs.1,00,000/- and the same amount was debited from the Savings Bank Account being No.0000002386. The Complainant met with the O.Ps but they did not pay the interest of the MIS scheme.

            Further the case of the Complainant is that the O.Ps after taking the said money and shutting down their Bank, left Dawaguri. Due to such act of the O.Ps, The Complainant has suffered from mental pain & agony. Accordingly, the Complainant sent Notice to the O.Ps for premature withdrawn of the sum but the O.Ps shut down their office and also left the place. Therefore, the Complainant has filed the present case before this Forum for proper reliefs. 

            Notices upon the O.P. No.1 & 2 were duly served but both of them did not turn up to contest the case. Accordingly, the case is heard in Ex-parte against them.

              Considering the application filed by the Complainant, the following point is necessary to discuss to come into a conclusion.

POINTS  FOR  CONSIDERATION

              Is the Complainant entitled to get an award as prayed for?

DECISION WITH REASONS

         We have gone through the record very carefully. Perused the entire documents in the record and also heard the argument as advanced by the parties at length.

       To prove the case, the Complainant has adduced evidence on affidavit and produced three MIs certificates amounting to Rs.3,00,000/-, Savings Account Pass Book and R/D deposit of Rs.24,000/- in the organization of the OPs.

            As per documents, the O.Ps were giving banking service to the Complainant and the Complainant is the customer. Hon’ble Apex Court held that the Banking service is covered under the definition of service and the customer is a consumer. All the conditions to become a consumer are present in between the Complainant and the O.Ps. Hence, the Complainant is a consumer as per provision u/s 2(ii)(d) of C.P. Act, 1986 and the case is maintainable.

            The Complainant and the O.Ps are the residents of Cooch Behar and the Office of the O.Ps is situated within the district of Cooch Behar. The cause of action took place at Dawaguri, Cooch Behar. Hence, this Forum has territorial jurisdiction of Cooch Behar. The claims of the Complainant are within the limit of the pecuniary jurisdiction of this Forum.  Therefore, this Forum has territorial as well as pecuniary jurisdiction to try this case.

          From the documents as produced by the Complainant, we find that the Complainant deposited Rs.3,00,000/- under the MIS Scheme of the O.Ps. The O.Ps used to credit Rs.3,709/- in the Savings Account of the Complainant month by month and paid interest to the Complainant till 22/09/2015 and thereafter, stopped paying of interest.  The Complainant met with the O.Ps and requested to pay the interest but the Complainant did not get anything except assurance and then the O.Ps left from their official address at Dawaguri.

        It is further evident from the case record that the O.Ps opened an R/D @ Rs.1,000/- per month from 23/10/2013 and paid Rs.24,000/- up to 22/09/2015 and had F/D of Rs.10,000/- on 24/04/2013 and the maturity date was 24/10/2029 with the maturity amount of Rs.80,000/-. But the O.Ps suddenly closed the Bank and left the official address at Dawaguri. It is further evident from the evidence of the Complainant that the Complainant lost his faith over the O.Ps and filed application for premature withdrawal of the claim. But the O.Ps left the official address by shutting down their business.

            Thus, considering the oral evidence of the Complainant and the documentary evidence, we hold that the Complainant has able to prove his case and is entitled to get an order as prayed for.

Accordingly,

     Ordered,

                            That the present Case No. CC/47/2016 be and the same is allowed in Ex-parte against the O.Ps with cost of Rs.10,000/-.

            The OPs are hereby directed to pay Rs.4,00,000/- to the Complainant along with interest @ 10% per annum from 22/09/2015 till the full payment is made.   

        The OPs are further directed to pay Rs.1,00,000/- as compensation to the Complainant for causing mental pain, agony and unnecessary harassment.

           The O.Ps are hereby directed to pay the aforesaid amounts to the Complainant jointly and/or severally within 30 days from the date of passing the order, failing which the O.Ps shall pay Rs.100/- for each day’s delay till the full payment is made and the amount so accumulated be deposited in the  Consumer Legal Aid Account.

         Let a copy of the final order be made available and be supplied free of cost to the concerned party/Ld. Advocate by hand/Registered Post with A/D forthwith for information and necessary action as per Rules.

Dictated and corrected by me.