FINAL ORDER
The case of the Complainant in brief as can be gathered from the record are that in view to save his hard earned money the Complainant opened monthly Savings Scheme Policy on 31.01.2013 with the Opposite Party for the period of one year through their director Mr. Pulak Kumar Dey, the O.P. The Complainant deposited total Rs.9,000/- in 6 equal installments of Rs.1,500/- per month. After receiving the said amount, the O.P. issued a pass book/ Money receipt in favour of the Complainant. The prime allegation of the complainant is that after expiries of stipulated period the Complainant went to the office of the Opposite Party and deposited the original money receipt with a desire to get return the Maturity Amount and there after the Complainant made contact several times with the O.P. for getting the matured amount but all are in vain. The Opposite Party with an ill motive did not return the matured amount to the Complainant and tried to enrich them by depriving the Complainant and as a result, the complainant faced financial problem, which caused mental agony and sufferings. Thus, finding no other alternative the Complainant has filed the present case before this Forum seeking redress and relief as incorporated in the prayer portion of the complaint.
The instant complaint has been filed for Rs.81,000/- along with Xerox copy of pass book and I.P.O. of Rs.100/- deposited and the complaint was registered as DF-62/2014.
After admission hearing the Notices were issued upon the Opposite Party. In spite of the receipt of notice none appear on behalf of the Opposite Party as such the case proceeded with Ex-parte.
The Complainant has filed the Evidence on Affidavit with original money receipts and other document. Perused the evidence on affidavit along with the original documents. Perused also the written argument, filed by the Ld. Agent of the Complainant.
In the light of the contention of both parties, the following points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant is a Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Whether the O.P. has any deficiency in service by not returning the Maturity amount to the Complainant?
- Whether the complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASON
We have gone through the record very carefully, peruse the entire documents in the record, Evidence on affidavit of the Complainant also heard the argument of the agent of the Complainant in full.
Point No.1 & 2.
The Complainant opened a Monthly Savings Scheme with the O.P. by paying certain amount. The Opposite Party issued a pass book by receiving the said amount from the complainant with assurance to return the same with huge interest. Thus, the relation between the complainant and the opposite party so established from the record, we are convinced to hold that the Complainant is the Consumer of the Opposite Party.
The opposite party is the resident of this district and/or has their branch office in this district also this complaint valued at Rs 81,000/- i.e. within prescribed limit as per C.P. Act for which there is no dispute in the point of territorial as well as pecuniary jurisdiction.
Point No.3.
Undisputedly the Complainant opened a Monthly Income Scheme with the Opposite Party. The Opposite Party also issued a Pass Book in favour of the Complainant after receiving the first installment of Rs 1,500/-. The point of the dispute is that, after maturity of his savings the opposite Party did not return the full maturity amount. The Complainant has filed some original documents marked as annexure A, A-1, A-2 and Annexure “B”.
On giving a close look to the said documents, it appears that the Complainant deposited total Rs. 9000/- in five installments i.e. on 31.01.2013 Rs. 1,500/-, on 28.02.2013 Rs. 1500/-, on 31.03.2013 Rs. 1500/-, on 31.05.2013 Rs.3000/- and lastly on 29.06.2013 Rs. 1500/-. Annexure “B” reveals that the opposite Party received the original pass book and voter ID card on 10.07. 2014 in view to give payment on 30.04.2014 as the maturity date expired on 31.01. 2014. It is also clear from the said document that Rs. 3000/- already paid to the Complainant. It is also the case of the Complainant that he did not receive the full amount he deposited to the Opposite Party Company. It is the further case of the Complainant that he several times went to the Opposite Party for getting the maturity amount but to no good.
It is pertinent point to mention that though nowhere we find the name of the Opposite Party involved in the matter but on the receipts there is proper seal and signature of the O.P. Company and it is crystal clear from the record that the O.P. Company received the amount of Rs. 9,000/- from the Complainant
From the material on record it appears that the Opposite Party Company is a fake one and is not affiliated to any organization and having no license at all to collect money from numerous Consumers in such a way. Thus, the negligence and the deficiency in service of the O.P. also adopting Unfair Trade Practice by the Opposite party cannot be ruled out.
In the case in hand the Opposite Party did not come forward to contest the case that means he has nothing to challenge the allegation made by the complainant.
From the unchallenged statement made by the Complainant on affidavit, it is established that being attracted by knowing the lucrative return against the deposit of a certain amount the Complainant come to be convinced and invested total amount of Rs.9,000/- with the Opposite Party for the purpose of having a handsome return as assured by the Opposite Party and such fact of receiving the amount has been proved by the receipts issued by the O.P. Company. It is totally established that the Opposite Party received the total amount of Rs.9,000/- from the Complainant under the signature and the Seal of SAHOJOGI with date.
The materials to its entirety on record goes to substantiate that the opposite party by launching a cheat fund in the name and style SAHOJOGI collected huge amount from the common people by suppressing the truth and ultimately deceived the Complainant by adopting Unfair Trade Practice. While the Opposite Parties proved to have deprived the Complainant and failed to award the benefit to them as agreed upon, this Forum is of the clear opinion that the Opposite Party is guilty of deficiency in service. That being the position the complaint is deserve to be allowed.
Point No 4.
As it is already proved that the Complainant is the Consumer and the Opposite Party is guilty of deficiency in service by adopting the arm of unfair trade practice and when the claim of the Complainant is genuine, we decide the case in favour of the Complainant without any hesitation and allowed reasonable relief as per law, equity and gravity of the case.
Thus, the complaint succeeds on merit by unchallenged testimonies.
ORDER
Therefore, it is ordered that the complaint case is allowed in ex-parte against the Opposite Party with litigation cost of Rs.2,000/- payable to the Complainant.
The Opposite Party shall pay the Complainant of Rs.6,000/- the rest amount of total invested money with interest @ 6% from the date of maturity.
The Opposite Party is further directed to pay Rs.5,000/- to the Complainant as compensation for the deficiency in service. The total ordered amount shall pay by the Opposite Party to the Complainant within 45 days from the date of this order in default the Opposite Party shall have to pay Rs.50/- for each day’s delay and the amount to be accumulated shall be deposited in the State Consumer Welfare Fund.
A plain copy of this order be made available and be supplied to the representative/complainant by hand/Registered post free of cost A/D and also to the opposite party forthwith as per rules.
Dictated and corrected by me
Member, President,
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar.
Member, Member,
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
