Date of filing : 25.07.2019

Judgment : Dt.25.02.2020

Mrs. Sashi Kala Basu, Hon’ble President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Sri Shankar Roy alleging deficiency in service on the part of the opposite party (referred as OP hereinafter) namely Shahrayn Universal Multipurpose Society Ltd. represented by Sri Manas Mitra.

            Case of the Complainant, in short, is that Complainant invested Rs.20,000/- with the OP for a period of one year by a certificate issued by OP being No.304002648891, Membership No.916144000324 and receipt No.34006643809 on 21.10.2014. The invested sum matured on 21.10.2015 and fetched interest @10% to 15% depending upon the return of investment earned by the OP. After the maturity, Complainant on several occasions visited the office of the OP to recover the matured amount. But was refused on some or other pretext. Thereafter, he sent a letter dt.14.7.2016 to the OP but did not receive any response. Complainant also moved the matter before the Consumer Grievance Redressal Cell. But, as the OP failed to turn up, the present complaint has been filed by the Complainant praying for directing the OP to pay a sum of Rs.20,000/- with interest @ 15% till date, to pay compensation of Rs.50,000/- and litigation cost of Rs.10,000/-.

            Complainant has annexed with the complaint – copy of the certificate being No.304002648891, copy of the two receipts and the letter dt.14.7.2016 sent to the OP.

            On perusal of the record, it appears notice was sent. But, in spite of service of notice no step was taken by the OP and thus vide order dt.21.10.2019 the case was directed to be proceeded ex-parte.

            So, the only point requires determination – Whether the Complainant is entitled to the relief as prayed for.

Decision with reasons

Complainant has claimed that he invested Rs.20,000/- and accordingly OP issued the certificate and the receipts. In support of his claim, he has filed the certificate bearing No.304002648891, and the receipt No.34006643809. It appears from the certificate that the said investment was made on 21.10.2014 and it is noted in the certificate that the members may be eligible to get return on contribution ranging from 10% to 15% depending upon the return on investment earned by the Society. Even though Complainant has claimed that the said sum matured on 21.10.2015 indicating that it was invested for one year. But, the certificate does not reflect the date of maturity. Neither there is any mention that the sum was to be matured on expiry of one year. Be that as it may, since before this Forum there is absolutely no material to controvert the claim made by the Complainant and as the certificate supported the claim of the Complainant about the investment of Rs.20,000/- he is entitled to the said sum along with interest. However, since the return was liable to be made depending upon the return on investment earned by the Society, in the absence of any material in this regard, Complainant is entitled to the said sum with interest @ 10% p.a. in the form of compensation. Since interest is allowed, no separate order for compensation as prayed by the Complainant is allowed.

            Hence

                              ordered

            CC/366/2019 is allowed ex-parte. OP is directed to pay Rs.20,000/- with interest @ 10% from the date of the maturity to till this date within two months from the date of this order. OP is further directed to pay litigation cost of Rs.6,000/- within the aforesaid period of two months, in default the entire sum shall carry interest @ 10% till realization.