J U D G E M E N T

Mr. Sankar Kumar Ghosh, Hon’ble President ─ This consumer complaint under section 12 of C.P. Act, 1986 has been filed by the complainant against the OPs named above alleging deficiency in service and unfair trade practice on the part of the OPs.

            Complainant’s case, in brief, is as follows: -    That complainant, Minati Ghosh deposited her hard earned money in the debenture of the OPs namely “SEASTONE DEVELOPERS LIMITED” nearly a sum of Rs.2,00,000/- only (Rs.50,000/- only for each) on 30/06/2012 and Date of Maturity of the said Certificates was 29/06/2017.

That complainant stated that as per said certificates complainant either would have taken monthly interest money with bonus or could have opted 12% per annum interest after the maturity and complainant opted for Rs.600/- only per month with bonus scheme and for a long time till 26/11/2013 complainant got Rs.600/- only per month in cash. But after that OPs started to close their offices and accordingly stopped to give the interest of the complainant as per agreed scheme.

That after complainant runs from pillars to posts for the money she deposited but all her efforts were in vain and accordingly she lodged a FIR in Domjur P.S. being No. 982/2017 on 12/11/2017.

Under such compelling circumstances and finding no other alternative way complainant filed this case before this Commission(formerly Forum) praying for direction upon the OPs to pay Rs.2,10,000/- only to the complainant as per said 4(four) Certificates including interest till realization of said amount and also complainant prayed for compensation of Rs.50,000/- only and cost of Rs.50,000/- only for causing physical and mental harassment and complainant also prayed for cost of present proceeding amounting to Rs.10,000/- only.

Notice of this case were duly served upon the OPs but on account of taking no steps from the end of the OPs case has been proceeded ex-parte against the OPs.

POINT FOR DECISION

Is complainant entitled to get relief as prayed for?

DECISION WITH REASONS

            To prove her case complainant has tendered her written examination-in-chief supported by evidence on affidavit and BNA and she has also filed photocopies of all relevant documents in support of her case.

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

It appears that in her evidence, the complainant has fully corroborated her case of the petition of the complaint and the documents filed by her also lend support to the case of the complainant. So, in view of the said evidence of the complainant and the documents filed by her, remaining un-challenged, it is held that the complainant’s case is proved and she is entitled to get the reliefs as sought for.

            Hence, it is

O R D E R E D

            That Complaint Case No. 72 of 2019 be and the same is allowed ex-parte against the OPs with costs.

OPs are hereby directed to pay the total maturity amount of Rs.2,10,000/- (Rupees two lakh ten thousand) only in favour of the complainant with simple interest @ 6% per annum till realization in full amount within 30(thirty) days from the date of this order.

OPs are further directed to pay Rs.25,000/- (Rupees twenty five thousand) only in favour of the complainant as compensation for harassment and mental agony and to pay cost of Rs.10,000/-only and OPs are also directed to pay a sum of Rs.5,000/- only to the complainant as cost of proceeding of the present case within 30 (thirty) days from the date of this order.

            Supply the copy of this order to the parties, free of cost.

Dictated & Corrected by me

  (Mr. Sankar Kumar Ghosh)

Member, DCDRC, Howrah