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.100/2013.
1) Mrs. Arati Banerjee,
52/1, Hazra Road. Kolkata-700019... ---------- 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 housewife and have no other source of income and support to maintain herself for fooding, clothing, medical treatment and other daily needs in her 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 her life.
An agreement between the complainant and the o.p. no.2 was executed on 08.09.10 in the terms and conditions between the parties that the complainant would get monthly interest of Rs.1800/- regularly upto the last date of this agreement against the one lakh rupees deposit of the complainant to the o.p. concern upto the date of 7.9.15.
The complainant on good faith deposited her last earning money which is the only source, menas and help to maintain her daily life Rs.1 lakh only to the o.p. no.1 office as per said agreement on the date 08.09.10. The Xerox copy of agreement attached herewith and received monthly interest Rs.1800/- per month upto the October, 2011 and took the money receipts regularly as per above agreement.
From the date of Nov. 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 fall in trouble with serious economic problems.
In spite of her illness and invalidity the complainant any how went to the o.p. no.1 office and requested to pay the interest due to her immediately but the o.p. no.1 did not pay any heed. The complainant wrote a letter to o.p. no.1 to refund the principal amount and all interest due to the complainant.
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.1,00,000
b) Interest due from the date of Nov. 2011 upto date Rs. 28,400
c) Litigation Cost Rs. 30,000
d) Compensation as to 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. 7.9.15. After termination and expiry of the period of 60 months the complainant will 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 her 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 sixhundred) 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.
