Date of filing : 30.11.2018

Judgment : Dt.27.06.2019

Mrs. Sashi Kala Basu, Hon’ble President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Swapan Kumar Mukherjee alleging deficiency in service on the part of the opposite parties (referred as OP hereinafter) namely (1) Sahara Credit-Co-Operative Society Limited and (2) The Manager, Sahara Credit-Co-Operative Society Limited.

            Case of the Complainant, in brief, is that OP No.1 being represented by its Manager (OP No.2) deals in catering the customers by offering them with equated monthly interest on the principal amount deposited for a tenure specified there in with a rider to return the principal amount after a fixed period. So, the Complainant deposited a sum of Rs.1,12,000/- as principal amount on 31.8.2013 for a period of 60 months and acknowledging the receipt of the said sum OP issued certificate being Account No.16144801488, receipt No.80310364108 and offered to receive interest of Rs.1,050/- p.m. for a period of 60 months. The OP, in terms of the said contract/certificate continued to make payment of monthly rate of interest of Rs.1,050/- p.m. for 60 months. But willfully failed and neglected to refund the principal amount of Rs.1,12,000/-. After waiting for a considerable period, Complainant sent a notice dt.29.9.2018 to the OP demanding return of Rs.1,12,000/-. But OP did not return the amount. So the present case has been filed by the Complainant praying to direct the OP to return the principal amount of Rs.1,12,000/- along with interest @ 18% p.a., to pay compensation of Rs.50,000/- and litigation cost of Rs.20,000/-.

            Along with the complaint petition, Complainant has annexed certificate being No.821000535612, Account No.16144801488 bearing receipt No.81310364108, the copy of the notice dt.29.9.2018  and also has filed the reply sent by the OP.

            On perusal of the record, it appears that in spite of sending of the notice as the OPs did not take any step, vide order dt.19.2.2019 the case was fixed for ex-parte hearing.

            So the point requires determination is whether the Complainant is entitled to the relief as prayed for.

            Decision with reasons

            As already referred to above, Complainant has filed the relevant receipt in original, wherefrom it appears that he had deposited principal amount of Rs.1,12,000/- and the maturity date was 31.8.2018. Admitted case of the  Complainant is that he has been paid continuously the amount of Rs.1,050/-p.m. towards interest for sixty months as agreed. But, he has not been returned the principal amount of Rs.1,12,000/-. It appears from the letter dt.17.11.2018 sent by the OP to Complainant in response to his notice dt.29.9.2018 that the OP has categorically stated that paying back the whole principal amount immediately was not possible as per the current prevailing situation. So, the said reply by the OP dt.17.11.2018 establishes the claim of the Complainant that he has not been returned back the principal amount of Rs.1,12,000/-. Apart from this, claim of the Complainant is also established as there is absolutely no contrary material forthcoming before this Forum to counter or rebut the claim of the Complainant. If that be so, then the Complainant is entitled to the said principal amount along with interest @12%p.a. from the date of maturity i.e. from September, 2018. Since the interest is allowed, we find no justification to pass any order as to compensation.

            Hence

                                    ordered

            CC/649/2018 is allowed ex-parte. OPs are directed to return the principal amount of Rs.1,12,000/- to the Complainant together with interest @ 12% from September, 2018 to till this date within two months from the date of this order. OPs are further directed to pay litigation cost of Rs.10,000/- within the aforesaid period of two months, in default the entire sum shall carry interest  @ 12% till realization. On payment of the entire sum, the Complainant shall return the relevant certificate to the OP.