In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.99/2013.
1) Pravat Chakravarty,
10/B, Lake Place, R.B. Avenue, Kolkata-700029.. ---------- Complainant
---Versus---
1) M/s. Pyoyag Agribiotech and Farmking Pvt. Ltd.,
7/3, MandevilleGardens, Kolkata-700019.
2) Arajit Mitra, Managing Director, M/s. Pyoyag Agribiotech and Farmking Pvt. Ltd.,
7/3, MandevilleGardens, Kolkata-700019. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 9 Dated 24/10/2013.
The case of the complainant in short is that complainant is a retired person and has no other source of income to maintain himself for fooding, clothing, medical treatment and other daily needs in his life. Being allured with the false representation of the o.ps. an amount of Rs.2 lakhs deposited to the o.p. office to gain some interest for running his life. Complainant deposited his hard earned money of Rs. 2 lakhs to o.ps.
Two agreements between the complainant and the o.ps. were executed to the effect that the complainant would get E.M.I. of Rs. 1800/- per lakh for his deposited amount of Rs. 2 lakhs from Sept., 2010 to Aug., 2015 and Oct. 2010 to Sept. 2015.
Complainant on good faith deposited his hard earned as per said agreements. From November, 2011 the o.p. suddenly stopped payment of interest of Rs.3600/- per month to the complainant without any reason for which the complainant fell in trouble with serious economic problem.
Finding no other alternative complainant informed the o.ps. but they did not pay any heed..
The complainant submits a statement of his dues from the o.p. as follows:
a) Refund of principal amount Rs.2,00,000
b) Interest due from the date of Nov. 2011 upto date Rs. 57,600
c) Litigation Cost Rs. 30,000
d) Compensation as to harassment and mental agony Rs.2,00,000
Total Rs.4,87,600
Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
Though the notice was served upon the o.ps. they did not appear in the case, so the matter was fixed ex parte against them.
Decision with reasons:-
We have gone through the petition, evidence and documents in particular. It is admitted fact that two agreements were executed between the o.p. no.1 and the complainant. Accordingly, complainant paid Rs.2 lakhs (two agreements of Rs.1 lakh each) to o.p. no.1 with the condition that EMI of Rs.3600/- (@ Rs.1800/- for each Rs.1 lakh) would be paid to the complainant till the termination date of agreements i.e. 25/08/2015 and 08/09/2015. After termination and expiry of the period of 60 months the complainant would be eligible and entitled to get an amount of Rs.2,16,000/- (Rs. 1,08,000 + Rs.1,08,000) (clause 3 of agreement). Complainant received the EMI of Rs.3600/- for 14 months i.e. he received Rs.50,400/-. The date of termination were written in the agreements as 25/08/2015 and 08/09/2015. So the agreement came into force from Sept. 2012 and Oct. 2010. Complainant did not receive any money since November, 2011. Therefore, complainant received the EMI from October, 2010 to October, 2011 i.e. Rs.3600 x 13 EMI i.e. Rs.46,800/-. The evidence of complainant has remained unchallenged since o.p. has not rebutted the same. Therefore, the complainant has substantiated his case adducing evidence and for that reason the complainant is entitled to get relief.
Hence, ordered,
That the case is allowed ex parte with cost against the o.ps. O.ps. are jointly and/or severally directed to refund Rs.(2,00,000 – 43,200) = Rs.1,53,200/- (Rupees one lakh fifty three thousand two hundred) only as principal amount and are also directed to pay to the complainant compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 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.
