West Bengal

Howrah

CC/428/2017

SIKHA RANI JANA - Complainant(s)

Versus

Real Estate and Landbank India Ltd. - Opp.Party(s)

Amit Pachal

12 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, P.O. and P.S. Howrah, Dist. Howrah-711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Complaint Case No. CC/428/2017
( Date of Filing : 27 Dec 2017 )
 
1. SIKHA RANI JANA
W/O. Sri Pravat Jana, Vill. Hayatpur, P.O. Chakhyatpur, P.S. Khanakul, Hooghly.
...........Complainant(s)
Versus
1. Real Estate and Landbank India Ltd.
Represented by Managing Director, Regd. Office at Sector V, Goodrej Water Side, office No. 201 and 202, Tower 1, 2nd Floor, P,ot No. 5, Block DP, Salt Lake, P.S. Salt Lake, Kolkata 700091.
2. The Branch Manager, Real Estate and LandBank India Ltd
Vill and P.O. and P.S. Joypur, Howrah 711303.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sankar Kumar Ghosh PRESIDENT
 HON'BLE MRS. Smt. Babita Chaudhuri MEMBER
 HON'BLE MR. Subir Kumar Dass MEMBER
 
PRESENT:
 
Dated : 12 May 2023
Final Order / Judgement

J U D G E M E N T

Subir Kumar Dass, Member – This consumer complaint under section 12 of C.P. Act.,1986 has been filed by the complainant Sikha Rani Jana alleging deficiency in service on the part of O.ps. above named.

          Complainant’s case, in brief, is as follows :-

        The complainant invested the amount in one fixed deposit scheme and one recurring deposit scheme with the O.ps. company on 06/11/2012, the total amount of such investment being Rs.1,58,000/-. After such investment, O.ps. duly issued acknowledgement. O.ps. are not paying anything against the investment by the complainant in the fixed deposit scheme and recurring deposit scheme with the O.ps. even after completion of maturity period. Complainant repeatedly requested the O.ps. to make payments but the O.ps. did not pay the same. Hence, the complainant filed instant complaint praying for directing the O.ps. to pay to the complainant a sum of Rs.1,90,000/- towards maturity amount of investment and for compensation and litigation cost.  

O.ps. did not appear in this case and did not file w.v. to contest this case. Hence the ex-parte hearing.

Point for decision

Is the complainant entitled to get the reliefs as prayed for?

Decision with reasons

We have applied our mind and carefully gone through the oral submission and materials on record.

To prove her case, the complainant has tendered her petition of complaint supported by affidavit in evidence and she has also filed all relevant copies of documents in support of her case.

Since notice was duly served upon the O.ps. and it did not participate in the proceeding at their sweet will, the principle of natural justice has found to have been duly maintained in this case.

        We have gone through the evidence of the complainant supported by affidavit and the documents filed by her.

The said evidence of the complainant both oral and documentary, remained un-challenged and we find that the complainant has substantially established his case. It is, therefore, held that the complaint’s case is proved and she is entitled to get the reliefs as prayed for. Hence,

it is,

O r d e r e d

that the complaint case no.428/2017 is allowed ex-parte against both the O.ps. with cost.

O.ps. are jointly and severally directed to pay Rs.1,90,000/- to the complainant towards maturity amount of F.D. and R.D. together with interest @9% per annum from the date of maturity of the date of payment. O.ps. are further directed to pay Rs.10,000/- as compensation and Rs.2,000/- as litigation cost to the complainant.

All such payment shall be made by the O.ps. to the complainant within 2(two) months from the date of this order.

        Let plain copy of this order be given to the complainant free of cost.

Dictated & Corrected by me

 

 

 (Mr. Subir Kumar Dass)

Member, D.C.D.R.C., Howrah

 
 
[HON'BLE MR. Sankar Kumar Ghosh]
PRESIDENT
 
 
[HON'BLE MRS. Smt. Babita Chaudhuri]
MEMBER
 
 
[HON'BLE MR. Subir Kumar Dass]
MEMBER
 

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