- Mausumi Das,
240, Jessore Road, Dumdum,
Airways Apartment, 2nd Floor, Kolkata-28. _________ Complainant
____Versus____
- Meg Mould India Ltd.
(A Subsidiary of Icore-E-Services Ltd.),
54/2, Rafi Ahmed Kidwai Road, Kolkata-16.
- The Director,
Icore-E-Services Ltd.,
54/2, Rafi Ahmed Kidwai Road, Kolkata-16. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Order No. 9 Dated 30-03-2015.
The case of the complainant in short is that complainant was persuaded by the authorized agent of o.ps. for deposit the money of the complainant with a promise of attractive return after maturity and after long persuasion of he complainant was ultimately invested the money with o.ps. and on 10.9.12 complainant deposited her hard earn money earned during her entire life to o.ps. for an amount of Rs.8 lakhs as NCDS by four number of deposit for an amount of Rs.2 lakhs each for a period of one year.
O.ps. after receiving the money of Rs.8 lakhs from the complainant, o.ps. duly issued the four number of certificates being nos.2623077, 2623078, 2623080 and 2623083 in the name of complainant with a promise and by mentioning therein that o.ps. shall refund the amount of Rs.2,24,000/- to complainant against each certificates totaling the amount of Rs.8,96,000/- on 10.9.13 against deposit of the amount of Rs.8 lakhs on the date of maturity.
Complainant duly deposited the original NCDS to o.ps. on 6.9.13 to get back the matured amount from o.ps. as per the NCDS in question but even after expiry of the scheduled period of time o.ps. failed and neglected to pay the matured amount to the complainant and complainant was having no alternative issued a letter to o.ps. on 6.12.13 with a request to return back the matured amount and after receiving of the said letter o.ps. handed over the four number of cheques to the complainant for an amount of Rs.2,24,000/- each totaling the amount of Rs.8,96,000/- being cheque nos.821023, 821024, 821025 and 821026 dt.10.3.14 and all are drawn on SBI, Ellio9t Road Branch, Kolkata-16 and after receiving the said four number of cheques the complainant duly deposited the said cheques to her bank at Bank of Baroda, Colootola Branch on 10.3.14 but the said cheques were dishonoured by the banker of o.ps. with a bank return memo on 11.3.14.
Complainant further issued the letter to o.ps. through ld. advocate on 29.4.14 with an intimation to return the matured amount to the complainant but o.ps. even after receiving the said letter o.ps. failed and neglected to pay the matured amount to the complainant. Hence, the case was filed by the complainant with the prayers contained in the petition of complaint.
Decision with reasons:
O.ps. did not contest the case by filing w/v and as such matter was heard ex parte against the o.ps.
We have gone through the evidence and complainant and documents in particular. In this case complainant duly deposited the original NCDS to o.ps. on 6.9.13 to get back the matured amount from o.ps. as per the NCDS in question, but after expiry of six of the scheduled period of time o.ps. failed and neglected to pay the matured amount to the complainant and we find clear deficiency on the part of o.ps. in this regard.
In view of the findings above and on perusal of the entire materials on record, we find that complainant has been able to prove her case by adducing cogent evidence and is entitled to relief.
Hence, ordered,
That the case is allowed on ex parte with cost against the o.ps. O.ps. are jointly and/or severally directed to refund the complainant a sum of Rs.8,96,000/- (Rupees eight lakhs ninety six thousand) only and are further directed to pay compensation of Rs.35,000/- (Rupees thirty five thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
