West Bengal

South 24 Parganas

CC/133/2015

Sri Animesh Roy Chowdhury, S/O Late Pranab Roy Chowdhury. - Complainant(s)

Versus

Prayag Intotech Hi Rise Limited. - Opp.Party(s)

Rabindra Nath Paul.

17 Jul 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

         C.C. CASE NO. _133_ OF ___2015_

 

DATE OF FILING : 20.3.2015                        DATE OF PASSING JUDGEMENT: _17.7.2015___

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu & Jinjir Bhattacharya

                                                                             

COMPLAINANT             :      Sri Animesh Roy Chowdhury, s/o late Pranab Roy Chowdhury of               

                                                  104A/22F, Karunamoyee Ghat Road, Kolkata – 82, P.S. Haridevpur.  

 

 

-VERSUS  -

 

O.P/O.Ps                            :     1.    Prayag Infotech Hi Rise Limited of P-45, Bhupen Roy Road, Kol-34, P.S.

 Behala.

 2.     Sri Basudev Bagchi, Managing Director, Prayag Infotech Hi Rise Limited of 139C/21/1, Becharam Chatterjee Street, P.S. Behala, Kolkata – 34.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Jinjir Bhattacharya, Member

 

            The complainant, a businessman by profession, having a retail medicine shop became a member of O.P-1 company which launched a daily savings scheme by depositing Rs.300/- per day in the company through an agent with effect from 30.01.2013 for 12 months. He was issued a Membership Certificate bearing no.6383746  & Customer I.D. No.0020017268. The Certificate was due to mature on 30.01.2014. After maturity, the complainant requested the O.Ps to refund the maturity sum of Rs. 1,18,800/- . The O.P-1 M/s Prayag Infotech Hi Rise Ltd. directed the complainant to submit his membership Certificate to the O.P-1. The complainant submitted the Membership Certificate on 07.07.2014. Reminders were given by the complainant for refund of maturity sum against the said certificate but there was no response from the O.Ps. The complainant then issued a letter on 11.09.2014 for refund of maturity sum of Rs.1,18,800/- together with interest at Banking rate commencing from February, 2014 till the date of recovery but with no result. Then, the complainant took the help of officials of Consumer Affairs Department for early settlement of disputes. O.P-1 appeared before that authority, but did not follow their instruction to pay the amount within 45 days from the date of their order, that is 05.01.2015. Hence, the case with such prayer/prayers for relief as contained in the petition of complaint

            Despite receipt of notices, the O.Ps did not appear and take part in the proceedings. No written version was filed by the O.Ps.

 

 

                                                            Decision with reasons

            The complainant filed evidence in chief. In his unchallenged evidence, the complainant has stated , inter alia, that he started depositing Rs.300/- in the daily savings scheme of the O.P-1 through its Agent Asit Karar and Marketing Manager Animesh Mondal. O.P-2 is the director of O.P-1. He started depositing in the scheme with effect from 30.1.2013 for 12 months against certificate no.6383746 and Customer I.D. no.0020017268 and the said deposit matured on 30.01.2014. After maturity , he applied for refund of matured sum of Rs.1,18,800/- when O.P-2 directed him to deposit original Membership Certificate. The Membership Certificate was submitted on 7.7.2014  and was duly acknowledge by the O.P-1. When the O.Ps did not pay heed to the reminders of the complainant for refund of the matured value, the complainant issued a letter dated 11.9.2014 upon the O.P-2 demanding a sum of Rs.1,18,800/- along with banking interest rate till the date of recovery. Thereafter, as the O.Ps did not return back the matured value after several persuasions, the complainant submitted application to the Consumer Affairs Department at 11A, Mirza Ghalib Street, Kolkata – 87 claiming refund of maturity sum of the daily savings scheme. When the O.Ps did not comply with the order of the Consumer Affairs Department to make refund within 45 days from 5.1.2015 , the complainant filed the present complaint petition.

            Seen the documents (Xerox copies) filed by the complainant as per  firisti . We do not find any reason to disbelieve the contentions of the complainant in his unchallenged evidence placed in record.

            On going through the BNA filed by the complainant and the documents filed , we are of the opinion that there is deficiency on the part of the O.Ps in rendering services to the complainant. For the negligent acts of the O.Ps, the complainant failed to take  back the matured sum despite of making full payment under the Daily Savings Scheme of the O.Ps.

            We feel that the complainant should be compensated for the mental agony and harassment caused to him for the negligent act of the O.Ps. But the amount of compensation of Rs.50,000/- claimed is excessive. We hold that it will meet the ends of justice  , if compensation of Rs.15000/- is directed to be paid to him by the O.Ps for the mental agony and harassment caused to the complainant.

            We further hold that the complainant deserves litigation cost of Rs.2500/- only.

            In view of the findings as above, we hold that the petition of complaint should be allowed in part.

 

 

 

 

Hence

                                                                        ORDERED

That the petition of complaint is allowed in part exparte against the O.Ps

                                                                        AND

The O.Ps are directed jointly and/or severally to pay to the complainant Rs.1,18,800/- by account payee cheque  on account  of the maturity value of savings of the complainant under the daily savings scheme against certificate no.6383746 and Customer I.D. no.0020017268 issued by the O.Ps within 30 days from the date of this order.,

The O.Ps are further directed to pay jointly and severally to the complainant by separate account  payee cheques in his favour  of Rs.15000/- and Rs.2500/- on account of compensation and litigation cost within 30 days from the date of this order. 

Let a plain copy of this order be served upon the parties free of cost.

 

Member                                                           Member                                               President

Dictated and corrected by me

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

ORDERED

That the petition of complaint is allowed in part exparte against the O.Ps

                                                                        AND

The O.Ps are directed jointly and/or severally to pay to the complainant Rs.1,18,800/- by account payee cheque  on account  of the maturity value of savings of the complainant under the daily savings scheme against certificate no.6383746 and Customer I.D. no.0020017268 issued by the O.Ps within 30 days from the date of this order.,

The O.Ps are further directed to pay jointly and severally to the complainant by separate account  payee cheques in his favour  of Rs.15000/- and Rs.2500/- on account of compensation and litigation cost within 30 days from the date of this order. 

Let a plain copy of this order be served upon the parties free of cost.

 

Member                                                           Member                                               President