Date of filing : 17.09.2014
Date of S/R : 11.03.2015
Date of Order : 16.09.2015
Shri Bappa Manna,
S/o Sri Shankar Manna,
Residing at 54 Shantinagar 2nd bye lane,,
Sankrail, Howrah-711 109…………………………………………………….Complainant
Vs.
Pailan Park Development Authorities Ltd.,
Having its registered office at 127 Kankulia Road,
Kolkata-700029 and having its branch office at
38, Nabin Mukherjee Lane, P.O.+ P.S.- Shibpur
District-Howrah-711102
P R E S E N T
………………………………………………………………………………………..
President : Shri B. D. Nanda.
Member: Smt. J. Saha.
Member: Shri A. K. Pathak.
F I N A LO R D E R
This is an application U/s 12 of the Consumer Protection Act,1986 filed by the Petitioner, Bappa Manna against the O.P., Pailan Park Development Authorities Ltd. , praying for direction upon the O.P. company to refund his outstanding amount of Rs. 1,72,500/- being the value of the bond together with interest and to pay compensation of Rs. 50000/- for mental agony and harassment.
The case of the petitioner is that he invested a sum of Rs. 1,50,000/- (rupees one lakh fifty thousand) in the O.P. company and policy No. DB0138/57 was issued in his favour on 28.11.2012 with the assurance that the company would pay her a matured sum of Rs. 1,72,500/- on 27.11.2013 . The petitioner after expiry of the maturity date went to the O.P but the O.P. did not pay the amount which amounts to deficiency on their part and then he filed this case.
The O.P. though served with the due notice yet did not appear and contested the case which is he exparte against them.
The O.P. though served with notice did not appear and thus the case is heard exparte against him.
The only point is decided here is whether the petitioner is entitled to get the relief as prayed for ?
Decision with reason
This Forum heard the ld. Counsel of the petitioner and also had gone through the BNA filed by the petitioner . In support of his case the petitioner , Shri Bappa Manna filed affidavit and also the policy certificate issued by Pailan Park Development Authority Ltd. and also his Pan card and other documents which proved the case of the petitioner exparte as in the said documents there is clear mention of the informations given by the petitioner in respect of payment of money from the first to last installment and the total payment of 12 installments amounted to the maturity value of Rs. 1,72,500/- on 27.11.2013 and all his evidence went unchallenged and there is nothing to disbelieve the case of the petitioner and this Forum accepts the exparte evidences of the petitioner.
In view of above discussion and findings the case of the petitioner succeeds .
Court fees paid is correct.
Hence,
Ordered,
That the Consumer Case No. 511/2014 be and the same is allowed exparte against the O.P. without cost as not prayed for .
The petitioner is entitled to get Rs. 1,72,500/- being the matured value of the bond from the O.P. with interest @ 9% from the date of maturity till realization .
The O.P. is directed to pay Rs. 1,72,500/- being the matured value of the deposit and Rs. 40,000/- for physical harassment and mental agony within 30 days from the date of order failing the petitioner would be at liberty to put the 2 | Pageorder in execution as well as the whole amount would carry interest @ 9% till realization .
Supply the copy of the order to the parties free of cost.
Dictated and corrected
by me
(Shri Bhim Das Nanda)
President, C.D.R.F. Howrah
