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.101/2013.
1) Saroj Chatterjee,
52/1< hazra Road, Ballygunge, Kolkata-700019.z.. ---------- 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, issueless and has no other source of income to maintain herself by fooding, clothing, medical treatment and other needs in her life. Being allured with the false representation of the o.ps. an amount of Rs.4 lakhs deposited to the o.p. office to gain some interest for maintaining her life.
Complainant got her money above 4 lakhs from retired husband for her future life. Three agreements between the complainant and the o.ps. were executed on 14/08/2010 for Rs. 1 lakh each and one agreement was executed on 03/09/2010 for Rs. 1 lakh. The agreements were executed to the effect that the complainant would get EMI of Rs. 2000/- per lakh for deposited Rs. 3 lakhs and Rs. 1800/- for Rs. 1 laks i.e. Rs. 7800/- per month.
Complainant on good faith deposited her all savings money to o.ps. The Xerox copy of agreement attached herewith and received monthly interest Rs.7800/- per month upto October 2011 and took the money receipts regularly as per above agreements.
From the month of November, 2011 o.p. had suddenly stopped payment of monthly income of Rs.7800/- per month to the complainant without any reason for which the complainant fall in troubles with serious problems.
In spite of her illness and invalidity the complainant anyhow went to the o.p. no.1 office and requested to pay the interest due to her immediately but the o.p. did not pay heed.
Complainant submits a statement of the from the o.p. as follows:
a) Refund to principal amount Rs.4,00,000
b) Interest due from the date 15.11.11 upto date Rs.1,24,800
c) Litigation Cost Rs. 30,000
d) Compensation for harassment and mental agony Rs.2,00,000
Total Rs.7,54,800
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 four agreements were executed of Rs.1 lakh each between the o.p. no.1 and the complainant. Accordingly, complainant paid Rs.4 lakhs to o.p. no.1 with the condition that @ EMI of Rs.2000/- would be paid for three agreements and EMI of Rs.1800/- would be paid for fourth agreement to the complainant till the termination date of agreements i.e. 13.08.15 for 3 agreements and 03.09.15 for 1 agreement. 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) for each agreement i.e. Rs.4,32,000/-. Complainant received the EMI of Rs.7800/- for 14 months i.e. he received Rs.1,09,200/-. The dates of termination were written in the agreements as 13.08.15 and 03.09.15. So 3 agreements came into force from September 2010 and 1 agreement came in force into October 2010. Complainant did not receive any money from November, 2011. Therefore, complainant received the EMI from September, 2010 to October 2011 i.e. Rs.7800 x 14 EMI i.e. Rs.1,09,200/-. 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.(4,00,000 – 1,09,200) = Rs.2,90,800/- (Rupees three lakhs six thousand four hundred) only as principal amount and are also directed to pay to the complainant compensation of Rs.40,000/- (Rupees forty 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.
