West Bengal

Hooghly

CC/165/2015

Sri Sujit Kr. Mondal - Complainant(s)

Versus

Life Care Infotech India Ltd. & Ors. - Opp.Party(s)

18 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, HOOGHLY
CC OF 2013
PETITIONER
VERS
OPPO
 
Complaint Case No. CC/165/2015
 
1. Sri Sujit Kr. Mondal
186/Balaram Goli, Chinsurar
Hooghly
West Bengal
...........Complainant(s)
Versus
1. Life Care Infotech India Ltd. & Ors.
Adarsha nagar, Bandel
Hooghly
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Sri S.K. Das PRESIDENT
 HON'BLE MRS. Chandrima Chakraborty MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

Shorn of unnecessary details, the case present before the Forum for adjudication may be summarized thus:-

                In summarizing the case stated in the complaint, is that, the Complainant had deposited a sum of Rs. 50,000/- only on 04.02.2012 to the Opposite Party No. 1 & 2, in expectation to get the sum of Rs. 75,000/- on 03.02.2015, through the Opposite Party No. 3 who is the agent (being Agent No. 0012010721) of the Opposite Party No. 1 & 2 for which the Opposite Parties had issued a ‘Receipt’ being No. 057100 and a ‘Certificate’ being No. 0081021 was also issued in favour of the Complainant.

              Thereafter suddenly in sudden necessity of money the Complainant desired to withdraw premature the deposited amount on 31.08.2014 from the Opposite Parties but the Opposite Parties refused to pay the same by saying that only the said matured amount of Rs. 75,000/- only would be paid at due time. But incidentally the Complainant did not get the said refund till 21.09.2015 instead of several requests made by him, what amounts to deficiency and negligent manner of service on the part of the Opposite Parties for which the Complainant has filed the case seeking adequate redresssal.

              Despite proper service of the notice to the Opposite Party No. 3 and after due Pare Publication in a Daily named ‘Aajkal’ dated 13.11.2015, the concerned Opposite Party No. 1 & 2 never appeared before the Forum to contest the case nor had he filed any ‘Written Version’ on his behalf or through any Ld. Advocate/Representative and the Opposite Party No. 3 has appeared and has prayed time for filing the Written Version but afterwards stayed absent without any step on his behalf. Thus all the Opposite Parties have relinquished their scope to refute the case. So, the instant case has been heard ex-parte against all the Opposite Parties.

                                           Points for Determination

              The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.

                                    

                                                       Decision with Reasons

              In order to prove his allegation set forth in the complaint, the Complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.

               The main allegation of the Complainant is that in spite of making the payment to the Opposite Parties and was assured by them to repay the matured amount the Opposite Parties has failed to repay the said amount of Rs. 75,000/- only to the Complainant.

              On overall evaluation of the argument by the Complainant in person and on critical appreciation of the material on record, it is evident that the Complainant had deposited a sum of Rs. 50,000/- only on 04.02.2012 to the Opposite Party No. 1 & 2, through the Opposite Party No. 3 who is the agent (being Agent No. 0012010721) of the Opposite Party No. 1 & 2 which is found from the photocopies of the documents filed by the Complainant.

              The record reveals that the Opposite arties had issued a ‘Money Receipt’ of Rs. 50,000/- only, being No. 057100, dated 04.02.2012 in favour of the Complainant through the Agent No. 0012010721.

               It is revealed from the photocopies of the documents filed by the Complainant that a formal ‘Certificate named as ‘letter of Allotment’ being No. 0081021was issued by the Opposite Parties in favour of Complainant wherein it was assured by the Opposite Parties  to repay the sum of Rs. 75,000/- only on 03.02.2015 to the Complainant.

              But the Complainant alleged that in sudden necessity of money the Complainant wanted to withdraw premature deposited/invested amount on 31.08.2014 from the Opposite Parties but at that time the Opposite Parties refused to pay the same by saying that only the said matured amount of Rs. 75,000/- only would be paid at due payable time on maturity, which means that Complainant can get the matured amount on or after 03.02.2015 only not before that.

                 Manifestly the fact reveals from the case record that the maturity date is expired on 03.02.2015 and on repeated requests made by the Complainant the Opposite Parties did not yet repay or refund the said matured amount of Rs. 75,000/- only to the Complainant. Thus the fact remains that incidentally the Complainant did not get the said refund till 21.09.2015 and has compelled to file the case claiming the said amount from the Opposite Parties.

             Moreover, all the allegations made by the Complainant are unchallenged, though the Opposite Parties got enough chance to contest the case and to refute it by appearing before the Forum. Therefore, there are no reasons to disbelieve the unchallenged testimony of the bonafide Consumer/Complainant.

              Thus the Opposite Party No. 1 & 2 both are liable to repay or refund the said amount of Rs. 75,000/- only along with interest and compensation to the Complainant. But though the Opposite Party No. 3 is a mere Agent under the Opposite Party No. 1 & 2 whose liability is only to deposit the invested amount by the customer to his master, the Opposite Party No. 1 & 2 for which the Opposite Party No. 3 has no direct liability towards the Complainant to repay the said amount for which the Forum award no compensation against the Opposite Party No. 3.

              Therefore, in light of the above analysis, we are inclined to hold that the Complainant has successfully proved his case and is entitled to get the relief as prayed for and consequently the points for determination are decided in affirmative.

             In short, the Complainant deserves success.

             In the result, we proceed to pass

                                                                                                   O R D E R

              That the case be and the same is allowed ex-parte against the Opposite Parties with cost of Rs. 6,000/- only payable by all the Opposite Parties No. 1 , 2 & 3 jointly and severally within one month from the date of this ‘Order’.

              That the Opposite Party No. 1 & 2 jointly and severally is directed to repay or refund the amount of Rs. 75,000/- only along with 10% per annum interest from the date of maturity, i.e. from 03.02.2015 till its realization to the Complainant within one month from the date of this ‘Order’.

              That the Opposite Party No. 1 & 2 jointly and severally is further directed to pay a sum of Rs. 9,000/- only to the Complainant as compensation for harassment and mental agony within one month from the date of this ‘Order’.

              In the event of non compliance of any portion of the ‘Order’ by the Opposite Part within a period of one month from the date of this order, the defaulting Opposite Party  shall have to pay a sum of Rs. 200/- per day, from the date of this order till the full realization of this ‘Order’, which amount shall be paid and deposited by such Opposite Party to the State Consumer Welfare Fund.

             Let copies of the order be supplied to the parties free of cost when applied for.

 

 

 
 
[HON'BLE MR. JUSTICE Sri S.K. Das]
PRESIDENT
 
[HON'BLE MRS. Chandrima Chakraborty]
MEMBER

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