West Bengal

Kolkata-I(North)

CC/14/677

Jayanta Banerjee - Complainant(s)

Versus

Pailan Park Development Authority Ltd. - Opp.Party(s)

14 Oct 2015

ORDER

Consumer Disputes Redressal Forum, Unit-1, Kolkata
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site : confonet.nic.in
 
Complaint Case No. CC/14/677
 
1. Jayanta Banerjee
14/F, Nomu Goswami Lane, Kolkata-700005.
...........Complainant(s)
Versus
1. Pailan Park Development Authority Ltd.
127, Kankulia Road, Golpark, Kolkata-700029. And at A31, New Roypur Road, Kolkata-700084.
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Sankar Nath Das PRESIDENT
 HON'ABLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 HON'ABLE MRS. Samiksha Bhattacharya MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

Order No.   11    Dated  14/10/2015

       The case of the complainant in short is that complainant started a Recurring Deposit A/C with o.p. by paying Rs.10,000/- on 12.7.12. The mode of payment was Rs.10,000/- per month for the tenure of 12 months and the date of maturity was 11.7.13. The agreed matured amount was Rs.136,500/-. Accordingly complainant paid all the 12 installments @ Rs.10,000/-. Thereafter complainant fulfilled all the formalities to receive matured amount by discharging the proper authorization to the authority of o.p. But complainant did not receive any amount from o.p. Complainant has contacted with the Chairman of the o.p. company namely Mr. Apurba Kr. Saha since July 2013 through mobile phone. Mr. Saha assured the complainant that he would receive the matured amount but o.p. did not return any amount to complainant. Hence the application praying for a direction upon o.p. to pay the matured amount to the tune of Rs.1,36,500/- along with interest and cost.

            In spite of receipt of notice o.p. did not contest the case by filing w/v and as such, matter was heard ex parte against the o.p.

Decision with reasons:

            We have gone through the evidence of the complainant and documents in particular. It is admitted fact that complainant started Recurring Deposit A/C with o.p. by paying Rs.10,000/- on 12.7.12 being policy no.PD01252975. As per terms and conditions complainant had paid all the 12 installments to that effect. Complainant has annexed all the money receipts excepting the 12th receipt since the last receipt has been deposited with o.p. O.p. company gave assurance to disburse the matured amount but they have not paid the matured amount to the complainant. Due to unchallenged testimony we have nothing to disbelieve the evidence adduced by complainant and as such, we find deficiency in service on the part of o.p. and accordingly complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed ex parte with cost against the o.p. O.p. is directed to pay to the complainant a sum of Rs.136,000/- (Rupees one lakh thirty six thousand) only towards the matured amount and is further directed to pay compensation of Rs.25,000/- (Rupees twenty five thousand) only for  harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 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.            

            Supply certified copy of this order to the parties free of cost. 

 
 
[HON'ABLE MR. Sankar Nath Das]
PRESIDENT
 
[HON'ABLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER
 
[HON'ABLE MRS. Samiksha Bhattacharya]
MEMBER

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