Order No.  6  dt.  21/11/2019

          The case of the complainant in brief is that the complainant paid an amount of Rs.2,88,000/- on 31/07/2012 to the o.p. company on being convinced by Sri Rajkumar Rathi an introducer of Gold Bank Scheme of the company for purchasing gold amounting to 160 gms of gold (22 Carat) scheduled to be delivered after 5 years from the date of receipt of payment vide Receipt no. 092001193441 dated 31/07/2012. On 30/06/2017 the complainant made an application for getting gold of 160 gms (22 Carat) which was promised to be handed over to the complainant by the o.p. But after 3 months from the date of application complainant again asked the o.p. for getting  delivery of the gold but o.p. did not respond to the call of complainant. Complainant thereafter approached the Mediation Cell of Assistant Director, CA & FBP, Govt of West Bengal. But mediation of the issue could not be resolved due to the absence of the o.p. in the mediation meeting. Finding no other alternative complainant lodged this complaint praying direction upon the o.p. to pay Rs.4,60,000/- with interest @18% along with compensation of Rs.50,000/- for harassment and mental agony and litigation cost of Rs.10,000/-.

          PR & TR shows that notice had been served upon the ops. But they did not contest this case by filing w/v. As such, the case has been proceeded exparte against the o.p-1,op-2 & op-3.

          In order to prove the case the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of his claim including the photocopies of payment receipt issued by the o.p on 31.07.2012. Due to unchallenged testimony of the complaint there is no scope to disbelieve the submission of the complainant and therefore it should be accepted and necessary order is to be passed accordingly.

          Considering the submissions of the complainant and on perusal of the materials on record we find that complainant invested an amount of Rs.2,88,000/- on 31/07/2012 as application money for delivery of 160gm of 22 carat gold. It is also evident from record that in the event of failure of giving delivery of 160 gm of gold after 5 years from the date of receipt i.e. after 31.07.2017  op-company will pay Rs 4,60,800/- vide the condition manifested in the receipt vide  no  092001193441 dated 31/07/2012.

          Even after of expiry of the said time period  the assured amount had not been paid by the o.p. in spite of repeated attempts by the complainant. On the basis of the said evidences on record and since no challenge has been made by o.p. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant. Thus the case is disposed of accordingly.

Hence, it is ordered.

          that the case no. 176/2019 is allowed ex-parte with cost against the o.ps. The o.ps are, jointly and/ or severally, directed to pay a sum of Rs.4,60,800/-(Rupees Four lakh sixty thousand Eight hundred) only to the complainant along with compensation of Rs.10,000/- (Rupees Ten Thousand) only for harassment and mental agony and litigation cost of Rs.1,000/- (Rupees One Thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.