J U D G E M E N T

Bibakananda Pramanik, President – This consumer complaint under section 12 of the C.P. Act, 1986 has been filed by the complainant-

Pravat Kumar Jana against the O.ps., named above, alleging deficiency in service on the part of the O.ps.

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

       The complainant invested a total sum of Rs.14,00,000/- as described in paragraph-5 of the petition of complaint in 10(ten) M.I.S. schemes with the O.ps. on 29/12/2014 and 15/01/2015 respectively. With regard to the said investment, the O.ps. paid interest upto the month of April, 2015 and thereafter they are not paying monthly interest of the M.I.S. to the complainant, particulars of which have been fully mentioned in paragraph “6” of the petition of complaint.

       Hence the complaint, praying for directing the O.ps. to pay the complainant a sum of Rs.16,75,000/- with interest and for an order of compensation and cost.

       O.ps. appeared in this case and they also filed w.v. Thereafter on the date of filing questionnaire against the evidence of the complainant, the O.ps. did not turn up for which this case was ordered to be heard ex-parte against them. Hence the ex-parte hearing.

POINT FOR DECISION

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

DECISION WITH REASONS

To prove his case, the complainant has tendered his written examination-in-chief supported by affidavit in evidence and he has also filed xe-rox copies of few certificates towards provisional allotment for booking of standard A.C. room accommodation with service issued by O.ps.-Company.

We have gone through the said evidence and the documents, filed by the complainant.

It appears that although in his petition of complaint as well as in his evidence, the complainant has stated that he invested such money in the

M.I.S. scheme of the O.ps. but no such certificates of M.I.S. has been filed by the complainant. From the x-rox copies of documents, so filed by the complainant, in support of his case, we find that those documents are copies of certificates towards advance payment of provisional allotment for booking of standard A.C. room accommodation with service. So, these documents are not the proof of investment in any M.I.S. scheme with the O.ps. Moreover from these documents we find that there is no such terms and condition for making payment of interest and maturity amount. In those copies of documents, so filed by the complainant, there is an endorsement that on cancellation of booking, certain amount will be paid to the complainant. Complainant has made out no such case that he cancelled the said booking. So the case made out in the petition of complainant is totally contradictory with that of the documents filed by the complainant regarding such alleged investment in M.I.S. accounts and the petition of complaint is therefore liable to be dismissed.

Hence, it is,

O R D E R E D

that the complaint case no.12/2018 is dismissed ex-parte without cost.

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

Dictated and corrected by me.

(Bibekananda Pramanik)

President, D.C.D.R.F.,

Howrah.