Complainant by filing this complaint has submitted that she is a poor lady/housewife and her husband is an unemployed and they are passing their days in a great distress and for complainant’s own income being allured by the op she was appointed as agent of the op/company and op asked her to collect customers for collecting deposits and accordingly she collected Rs. 53,000/- from different persons and deposited to the op and op’s company and that Rs. 53,000/- was collected against Consumer Id Nos. 00235, 00209, 00317, 00321, 00349, 00380, 00800, 00517, 00848, 00885, 00837 and 00371 on proper receipt, op received it, but ultimately in the month of March 2013 Company/op closed their office at Jirat and thereafter op avoided to refund the said amount and op also threatened the complainant and considering that aspect, complainant was compelled to file the complaint against the op for return of the entire amount including interest and harassment cost.

          Fact remains op appeared through his Ld. Lawyer and prayed for time to file written version empowering his Ld. Lawyer and by filing power on 20.11.2014 and by filing writing statement, op has submitted that his company is not in a stable financial condition and company always tries to negotiate with their agents and other and he is always ready to make payment and already started to make payment and he has also stated in his written statement that he is always willing to make payment from November to December 2014 by installment and op is desirous of settling the matter by making payment to the complainant by way of monthly installment starting from 2014.  So, he has prayed for passing such order only for refund of the principle amount in full by way of installment, not by other ways and prayed for disposal of the case.

Decision with reasons

          Considering the entire materials on record including the complaint and written version as filed by the op it is proved that op received the total amount of Rs. 53,000/- from the complainant as deposit against the aforesaid Consumer Id Nos. and op has admitted that he is willing to pay the said amount.  But he is unable to pay any interest and in the written statement he has stated that he is willing to pay the same by installment. 

          So, considering that fact, it is clear that complainant’s allegation is admitted by the op and op is willing to clear all the dues what he received from the complainant and in view of the above position we are convinced to hold that on admission, this complaint should be allowed by giving such cost to the complainant to be paid by the op on the ground that complainant has been harassed by the op no doubt.At the same time it is found that the payments were made in the year 2013.  So, invariably op must have to pay interest also at the banking rate.

          Accordingly the complaint succeeds on admission of the op with cost and interest over the total amount as claimed by the complainant.

          Hence, it is

ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs. 5,000/- on consent of the op to be paid by the op to the complainant.

          Op no.1 is hereby directed to refund the entire amount of Rs. 53,000/- to the complainant and also one year interest over the same i.e. total sum of Rs. 7,000/- to the complainant.

          Op is hereby directed to pay the total amount of Rs. 65,000/- ( Rs. 5,000/- cost + Rs. 53,000/- principle amount + interest Rs. 7,000/-) to the complainant within one month from the date of this order failing which for each day’s delay, op shall have to pay penal damages  percentRs. 100/- per day till the full satisfaction of the decree.  If penal damages is collected in it shall be deposited to this Forum’s account.

          Even if op fails to comply the Forum’s order in that op shall be prosecuted u/s 27 of C.P. Act 1986 and further penalty and damages shall be charged against op.