Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : None
Date of filing of the case :09.10.2020
Date of Disposal of the case :10.04.2023
(2)
Final Order / Judgment dtd.10.04.2023
Complainants above named by filing the aforesaid petition u/s 35 of Consumer Protection Act, 1986 praying for direction upon the OP for refund of Rs.24,815/- plus up to date interests, compensation amounting to Rs.20,000/- (Rupees Twenty thousand) and Rs.10,000/- (Rupees Ten thousand) as cost of the case.
They alleged that they deposited Rs.24,815/- before the OP but in spite of repeated request on different dates, she did not refund the same in favour of the complainants. Hence, they filed this case. On perusal of order no.12 dated 06.06.2022, we find that case is running ex-parte against the OP.
Trial
During trial complainants filed affidavit in chief of complainant No.1 Laxmi Adhikari.
Documents
Complainant filed following documents:
- Original copy of Pass Book by which complainants deposited money before the OP............(One Pass Book).
- Original copy of Advocate letter dated 26.02.2019.......(Two sheets).
- Original copies of Postal Receipt....(Four sheets)
Brief Notes of argument.
Complainants filed Brief Notes of Argument.
Decision with Reasons
It is the allegation of the complainants that they opened one account before the OP and deposited money on different dates. In total they deposited Rs.24,815/-( Rupees Twenty four thousand eight hundred fifteen) but in spite of their repeated requests OP did not return the said money in their favour.
On perusal of pass book, we find that complainants upened the said account on 25.11.2012. Thereafter, they started to deposit money in the said account. As per entry 20.05.2018, we find that on that date closing balance of the said account was Rs.18920/- (Rupees Eighteen thousand nine hundred twenty). On careful perusal of the pass book, we find that no interests have been included in the said account.
Accordingly, we find that complainants deposited only Rs. 18,920/- (Rupees Eighteen thousand nine hundred twenty) and it is not Rs.24,815/- (Rupees Twenty four thousand eight hundred fifteen) as per entry made in the petition of complainant.
(3)
Having regard to the aforesaid discussion, it is clear before us that complainants deposited Rs.18,920/- (Rupees Eighteen thousand nine hundred twenty) before the OP in a account and they are entitled to refund the said money along with interest which is applicable in the said scheme.
In the result present case succeeds.
Hence
It is
Ordered
that the present case be and the same is allowed ex-parte against the OP with cost of Rs.3000/- , to be paid by OP in favour of the complainants.
OP is directed to refund Rs.18,920/- (Rupees Eighteen thousand nine hundred twenty) ( as on entry dated 20.05.2018) along with the interest for the period from 25.11.2012 to 20.05.2018 as per said scheme. Said total amount shall carry interests at the rate of 9% per annum from 20.05.2018 to till the date of actual payment.
OP is further directed to pay Rs.10,000/- (Rupees Ten thousand) in favour of the complainants as compensation for their harassment and mental pain and agony.
OP is directed to pay the aforesaid amount within one month from this date failing which complainants shall have liberty to put the order into execution.
Let a copy of this order be supplied to the complainants as free of cost.
Let a copy of this order be supplied to OP for compliance.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
