Complainant’s case in nutshell is that OP 1 is an old age care and hospitality centre and service provider and OP 2 is the principal officer of OP 1.
On 11.10.2019 complainant has incurred expenses of Rs.37, 000/-only by paying a cheque dated 11.10.2019. (An amount of admission charges of Rs.1, 500/-only, monthly rent of Rs.27, 000/-only and refundable deposit of Rs.28, 500/-only) totaling Rs.37,000/-only and office of OPs has duly issued money receipt thereof.
That on 21.10.2021 complainant further deposited a sum of Rs.1, 00,000/-only by a cheque as refundable deposit and office of OPs issued money receipt in respect of that said deposit.
Complainant stated further that her father expired on 24.12.2019 and thereafter complainant has made several approaches in the office of OPs to get back the security deposit of Rs.1, 28,500/-only. That on 18.03.2020 office of OPs gave a cheque of Rs.25,700/-only duly signed by chairman and secretary of All India Life Foundation to the complainant and the said cheque was holding by the complainant awaiting final signal from the office of OPs and on several occasions complainant had approached before the office of OPs for their to consent to deposit the said cheque in her Bank Account and also made request to refund of balance amount of security deposit she already paid, but OPs though on each occasion have assured to repay the same but did not repay.
Further complainant states that at the time of taking admission in the OPs care centre of her father complainant used to reside at c/o Jetindra Paul at 3/9/35, Jessore Road, Khudiram Colony, Dumdum, Kolkata-700074 and thereafter complainant has shifted at her present address.
That complainant has lastly given a letter dated 09.07.2022 along with a copy of death certificate dated 26.12.2019 of her father, Sunil Kumar Modak, addressing to OP 1 for refund and security deposit of Rs.1,28,500/-only and office of OPs has duly received the same.
Complainant further states that OPs have intention not to give the aforesaid sum of security deposit of Rs.1, 28,500/-only to the complainant and thereby OPs are depriving complainant from her legitimate right. Complainant also states that OPs are bound to repay the said security deposit of Rs. 1, 28,500/-only within stipulated period.
Finally, complainant has prayed for following directions:-
- Direction upon the OPs immediately to repay the security deposit amount of Rs.1,28,500/-only to the complainant.
- Direction be given upon the OPs to pay compensation of Rs.50, 000/-only to the complainant toward their negligent acts and for causing harassment to the complainant.
- Direction also be given upon the OPs to pay Rs. 50,000/-only to the complainant for mental agony.
- Direction also be given upon the OPs to pay cost of Rs.25, 000/-only to the complainant.
OPs did not appear and contest this case.
POINTS FOR DECISION
Is the complainant entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
To prove the case complainant has tendered her written examination in chief supported by an affidavit and she has also filed photocopies of documents of all relevant papers in support of her case.
This Commission has gone through the said evidence of the complainant and the documents filed by her.
It appears that in her evidence complainant has fully corroborated her case as appearing in the petition of 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 have the reliefs as prayed for.
Hence, it is,
Ordered
That the instant case be and the same is allowed ex parte against OP 1 and OP 2 with cost.
OPs are hereby directed to repay a sum of Rs.1, 28,500/-only to the complainant toward security deposit within 45 days from the date of this order.
OPs are also directed to pay Rs.50, 000/-only as compensation for their negligent act and for causing harassment to the complainant and said amount to be paid to the complainant by the OPs within 45 days from the date of this order.
OPs are also directed to pay a sum of Rs.25, 000/-only to the complainant for mental agony and a further sum of Rs.10, 000/-only to the complainant toward litigation cost and such payments should be paid by the OPs within 45 days from the date of this order.
Let copy of this order be given to the parties free of cost.
Dictated and Corrected by
[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT
