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.98/2013.
1) Tarun Kumar 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.1 lakh deposited to the o.p. office to gain some interest for maintaining his life. Complainant deposited his hard earned money of Rupees one lakh to o.ps.
An agreement between the complainant and the o.ps. was executed on 06/09/2010. As per agreement the complainant would get monthly interest of Rs.1800/- regularly upto the last date of this agreement against his deposited one lakh rupees upto 5.9.15.
Complainant on good faith deposited his hard earned money as per said agreement. The Xerox copy of the agreement attached herewith and received monthly interest of Rs.1800/- per month upto Oct. 2011 and took the money receipts regularly as per above agreement.
From Oct.2011 the o.p. no.1 had suddenly stopped payment of interest of Rs.1800/- per month to the complainant without any reason for which the complainant fell in trouble with serious economic problems.
In spite of his illness and invalidity the complainant any how went to the o.p. no.1 office and requested to pay the interest due to him immediately but the o.p. no.1 did not pay any heed to the complainant’s repeated requests. Complainant wrote a letter to o.p. no.1 refund the principal amount and all interest due to the complainant.
Complainant submits a statement of dues from the o.p. no.1 as follows:
a) Refund of principal amount Rs.1,00,000
b) Interest due from the date of Nov. 2011 upto the date i.e. 16 months Rs. 28,400
c) Litigation Cost Rs. 30,000
d) Compensation towards harassment and mental agony Rs.1,00,000
Total Rs.2,58,400
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 an agreement was executed between the o.p. no.1 and the complainant. Accordingly, complainant paid Rs.1 lakh to o.p. no.1 with the condition that EMI of Rs.1800/- would be paid to the complainant till the termination date of agreement i.e. 5.9.15. After termination and expiry of the period of 60 months the complainant would be eligible and entitled to get an amount of Rs.1,08,000/- (clause 3 of agreement). Complainant received the EMI of Rs.1800/- for 13 months i.e. he received Rs.23,400/-. The date of termination was written in the agreement as 5.9.15. So the agreement came into force from October 2010. Complainant did not receive any money from October, 2011. Therefore, complainant received the EMI from October, 2010 to October. 2011 i.e. Rs.1800 x 13 EMI i.e. Rs.23,400/-. 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.(1,00,000 – 23,400) = Rs.76,600/- (Rupees seventy six thousand six hundred) only as principal amount and are also directed to pay to the complainant compensation of Rs.20,000/- (Rupees twenty 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.
