Maharashtra

Additional DCF, Mumbai(Suburban)

RBT/CC/12/287

SHANKAR LAL PODDAR - Complainant(s)

Versus

M/S. ANKUR DRUGS & PHARMA LTD. GIRIRAJ V. VARGIYA (EXE-DIRECTOR) - Opp.Party(s)

27 Sep 2016

ORDER

Addl. Consumer Disputes Redressal Forum, Mumbai Suburban District
Admin Bldg., 3rd floor, Nr. Chetana College, Bandra-East, Mumbai-51
 
Complaint Case No. RBT/CC/12/287
 
1. SHANKAR LAL PODDAR
RAJGURU COMPOUND] LAKE ROAD, DIST. RANCHI
RANCHI-834001
JHARKADND
...........Complainant(s)
Versus
1. M/S. ANKUR DRUGS & PHARMA LTD. GIRIRAJ V. VARGIYA (EXE-DIRECTOR)
REGD OFFICE C-306 CRTSTAL PLAZA, ANDHERI LANK ROAD, ANCHERI(W),
MUMBAI
MAHARASHTRA
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. S.D.MADAKE PRESIDENT
 HON'BLE MR. S.V.KALAL MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 27 Sep 2016
Final Order / Judgement

PRESENT

                   Complainant Absent.     

                    Opponent by- Ex-parte.       

 

ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President.)

 

1.                Perused complaint and all the documents.

2.                The documents on record show that complainant invested an amount with opponent.  The amount of Rs.40,000/- was issued vide FD receipt No. 3336.

3.                The said amount was to be payable by M/s Ankur Drugs and Pharma Ltd. on 19.11.2011.

4.                The opponent deposited Rs.40,000/- vide FDR No. 5421 which was to be matured on 30.3.2012.  The receipts produced on record clearly indicate the maturity date i.e. 19.11.2011 and 30.3.2012.

5.                The opponent was duly served but remained absent and also failed to file written version.

6.                We hold that failure of opponent to pay amount as per agreement on date of maturity amounts to deficiency in service.

7.                The complainant is also entitle for compensation for mental agony.  We quantify the said amount of Rs.20,000/-.

8.                In the result we pass the following order.

                                         ORDER

 

1.       RBT  complaint No.287/2012 is partly allowed.

2.       Opponent is directed to pay Rs.44,150/- with interest @ 12 % p.a.

          to complainant from 1.4.2012 til realization.

3.       Opponent is ordered to pay Rs.44,150/- with interest @ 12 % p.a.

          From 20.11.2011.

4.        Opponent is directed to pay Rs.20,000/- as compensation for mental

          agony.

5.       No order as to cost.

6.       Copy of this order be sent to both parties.

 
 
[HON'BLE MR. S.D.MADAKE]
PRESIDENT
 
[HON'BLE MR. S.V.KALAL]
MEMBER

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