DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027
C.C. CASE NO. _134_ OF ___2015_____
DATE OF FILING : 20.3.2015 DATE OF PASSING JUDGEMENT: 22.5.2015__
Present : President : Udayan Mukhopadhyay
Member(s) : Mrs. Sharmi Basu
COMPLAINANT : Smt. Kalpana Roy Chowdhury,w/o Sri Animesh Roy Chowdhury
104A/22F, Karunamoyee Ghat Road, Kolkata – 82, P.S. Haridevpur.
-VERSUS -
O.P/O.Ps : 1. Prayag Infotech Hi Rise Limited at P-45, Bhupen Roy Road,
Kolkata- 34, P.S. Behala.
2. Sri Basudev Bagchi, Managing Director, Prayag Infotech Hi
Rise Limited at 139C/21/1, Becharam Chatterjee Street,
P.S. Behala, Kolkata – 34.
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J U D G E M E N T
Sri Udayan Mukhopadhyay, President
This is an application under section 12 of the C.P Act, 1986 filed by the complainant.
It is the short case of the complainant that agent of the O.P collected Rs.100/- at their daily savings scheme commencing from 30.1.2013 to 29.1.2014 and issued membership certificate. But on completion of the deposit for 12 months when the complainant requested to refund the maturity value of Rs.39,600/- the O.P directed to submit original membership certificate in the office of the O.P and complainant accordingly submitted the same which was duly acknowledged by the O.P. But after repeated persuasion O.P did not return the same and hence the case.
It appears that inspite of receiving the summon by both the O.Ps, they did not turn up . Hence, the case is fixed for exparte .
Points for consideration in this case is whether there is any deficiency in service on the part of the O.Ps or not.
Decision with reasons
We have perused the photocopy of the original certificate along with receipts and the order of the Consumer Affairs Department who tried to negotiate the matter amicably but all attempts were failed, that is why, we find that O.Ps knowing the facts of existing this case deliberately and willfully neglected to pay the maturity amount which is deficiency in service and unfair trade practice.
Hence,
Ordered
That the O.Ps are directed to refund the maturity amount of Rs.39,600/- along with compensation to the tune of Rs.10,000/- and litigation cost of Rs.2000/- to the complainant within 45 days from the date of this order, failing which, the interest will carry @9% p.a from the date of this order till its realization.
The complainant is at liberty to execute the order through this Forum.
Let a plain copy of this order be sent to the O.Ps through this Forum and a copy be handed over the complainant free of cost.
Member President
Dictated and corrected by me
President
The judgement in separate sheet is ready and is delivered in open Forum. As it is ,
Ordered
That the O.Ps are directed to refund the maturity amount of Rs.39,600/- along with compensation to the tune of Rs.10,000/- and litigation cost of Rs.2000/- to the complainant within 45 days from the date of this order, failing which, the interest will carry @9% p.a from the date of this order till its realization.
The complainant is at liberty to execute the order through this Forum.
Let a plain copy of this order be sent to the O.Ps through this Forum and a copy be handed over the complainant free of cost.
Member President
