BY - SRI.SAURAV CHANDRA, MEMBER

1. Brief facts of the Complainant’s case are that the Opposite Party No.1 to 5 are the authorized person and representative of Baroj Samabay Krishi Unnayan Samity Ltd., Vill: Baroj, P.O. Kayemgeria, P.S. Bhupatinagar, Dist. Purba Medinipur, holding Registration Certificate No.146, dated: 13.05.1960 and Opposite Party No.6 is the dealing bank of the Opposite Party No.1 to 5.

2. The Complainant invested Rs.1,00,000.00 on 07.05.2007 before the Baroj Samabay Krishi Unnayan Samity Ltd. on whose behalf the Op No.3 to 5 had issued Fixed Deposit Receipt No.A005529 with a Rate of Interest @10.85% for Maturity value of Rs.2,00,000.00 dated: 07.11.2013 and the total deposit amount at the said samity is represented by Op No.1 to 5.

3. After maturity of the said Fixed Deposit, the Complainant deposited all necessary documents for claiming the maturity value with interest Rs.2,00,000.00 from the Op No.1 to 5 but, till date he not received any payment in spite of several meetings. Lastly, the Op No.1 to 5 verbally promised to disburse the maturity amount with interest by 15.07.2018 but, all in vain.

4. Then the Complainant lodged a complaint before the Registrar of Co-Operative Societies against which the Assistant Registrar of Co-Operative Societies (Govt. of West Bengal), Purba Medinipur – II, Contai directed the Op No.1 to 5 vide Memo No.501, dated: 06.05.2015 to settle the claim and submit an Action Taken Report through the Block Inspector of Co-Operative Societies within One Month from the date of direction but, the Ops didn’t comply.

5. On 01.08.2018, 29.01.2018 and 18.07.2019 Mediation were held with the help of the Consumer Affairs & Fair Business Practices (Govt. of West Bengal) Purba Medinipur by and between the family members of the Complainant and Ops. but, except one family member none received the maturity amount including the Complainant himself. Henceforth, the mediation proceeding has dropped by the department by drawing a Mediation Report dated: 18.07.2019 with a view to prefer the complaint by the unsatisfied complainant before this Commission.

6. The cause of action of this case arose on and from 28.06.2019.

The Complainant, therefore, prays for :-

1. To pay the Fixed Deposit Maturity Claim of Rs.2,00,000.00 by OPs with Interest from the date of maturity to final payment.

2. To pay Compensation of Rs.25,000.00 towards harassment,   mental pain and agony.

3. To pay Litigation Cost of Rs.5,000.00 to the Complainant for conducting the case.

4. Any other reliefs.

7. Notices were duly served upon the Op No.1 & 6 but, Ops  preferred to see that the case be decided ex-parte against them.
8. Under the above circumstances, the Complainant has prayed for ex-parte order against the Ops.

9. Points for determination are:

1. Is the case maintainable in its present form and in law?
2. Is the Complainant entitled to the relief(s) as sought for?

10. Decision with reasons

1. Both the points I and II, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.

2. We have carefully perused the Petition of the Complainant along with all papers and other documents.

3. Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that Complainant is a consumer having grievances against the Ops, as such the case is maintainable in its present form and in law.

4. In the instant case, the Complainant submitted a list of documents containing the copy of Fixed Deposit Receipt issued by the Baroj Samabay Krishi Unnayan Samity Ltd; Direction Letter from the Assistant Registrar of Co-Operative Societies, Purba Medinipur – II, Contai under Memo No.501, dated: 06.05.2015 for Settlement of Claims of Different Claimants; Application Letter for Mediation dated: 16.07.2018 before the Consumer Affairs & Fair Business Practices Department (Govt. of West Bengal), Tamluk, Purba Medinipur; Several Mediation Reports issued by the CAFBP dated: 01.08.2018, 29.01.2018 and 18.07.2019 respectively.

5. From the above submitted documents, it is carefully observed that the Ops are not only an offender for non-payment of Fixed Deposit Maturity Value after the maturity but also dragged the matter intentionally and unnecessary for a long time i.e. 9 years even after receiving the several categorical instructions from the Assistant Registrar of Co-Operative Societies as well as Assistant Director, Consumer Affairs & Fair Business Practices (Govt. of West Bengal) to settle the claim within a specific limit.

6. Therefore, it  clearly transpires, that there are not only elements of negligence, unfair trade practice and gross deficiency in service but also forced the Complainant to suffer a severe economic loss, harassment, mental pain and agony by the whimsical and illegal act of the OPs.

7. In view of the above unchallenged evidence adduced by the complainant, it is clearly established that the Complainant is a Consumer under the Consumer Protection Act, 2019 (An Act to promote, protect and enforce the Rights of the Consumers) and there is deficiency of service and unfair trade practice on the part of the Opposite Parties according to the Consumer Protection Act, 2019.

8. Accordingly, both the points are decided in favour of the Complainant.

1.  Thus, the complaint case  succeeds.

Hence, it is

          O R D E R E D

That the CC-84 of 2020 be and the same is allowed exparte against the Ops.

The OPs, who are jointly and severally liable, are hereby directed to pay the Fixed Deposit Maturity Claim of the Complainant amounting to Rs.2,00,000/- alongwith simple interest @ 8 % per annum for necessary settlement on the said amount from the date of this order till payment, Rs. 5000/- as compensation and Rs. 3000/- as towards litigation costs within 45 days from the date of this order in default the complainant will be at liberty to put the order into execution.

Let a copy of this judgment be provided to the Complainant   free    of cost. The judgment be uploaded forthwith on the      website of the Commission for the perusal of the parties.

File be consigned to record section along with a copy of this   judgment.