SRI SWADES RANJAN RAY .PRESIDENT,

This is a petition U/Sec 12   of the Consumer Protection Act filed by the petitioner praying for  a direction upon the Ops to return an amount of Rs. 1,37,075/-in  all, with interest at the rate of Rs 12.5 % per month till full realization.

            Gist of the complaint is that the complainant deposited a sum of Rs. 1,00,000/-vide Fixed Deposit Receipt No. CTAM 12828 on 30.01.2015 in the OP 2 and 3 Co. in a non – cumulative scheme for a period of three years through the OP no1 agent namely Shyamapada Chakraborty. The scheme was of MIS nature with 12.5 % interest to be paid to the complainant quarterly i.e Rs. 3125/- for 12 terms. The complainant got 12 number of receipts, but he got only Rs 3125/- for one term. In spite of several visits and contacts with the Ops the complainant did not get any further payment. The complainant is an elderly person . After few months the office of the Ops was found under lock and key.  The scheme was matured on 30.01.2018. The principle amount as well as interest of Rs. 34,375/- is due from the complainant.   Thus the complainant has prayed for a decree of Rs. 1,37,075/- including interest beyond the date of maturity.

The OP No. has contested this case by filing written version. It is the specific case of the OP  that he is a mere agent of the Financial Co. OP no 2 and 3.  This OP denied all the material allegations made  by the complainant against him. It is the specific case of this OP no. 1 that the complainant invested the amount  him being allured by the attractive interest offered by the OP nos. 2 and 3. The OP no. 1 received the amount and deposited the same to the Co. and handed over the receipt to the complainant. He is not liable to return the amount, rather the Ops no. 2 an 3 are liable for the same. This OP has prayed for dismissal of the claim application with cost ofRs. 50,000/-for harassment and imputation of his good will.

The other Ops namely the OP no. 2 and 3 did not appear to contest the case. So, the case is heard ex parte against this two OPs.

The points need be considered here is (1) the case is maintainable and (2) whether the complainant is entitled to get the relief as prayed for.

                                                  DECISION WITH REASONS.

All the points are taken up together for discussion for the sake of convenience and brevity.

Perused the complaint and the documents filed by the complainant in support of his case. Also seen the written version filed by the OP no. 1. and the questionnaires and reply thereto filed in record, the documents  filed by the complainant and heard the submission of the ld. Advocates for the parties. Considered.

On perusal of the  copy of the Fixed Deposit Receipt No. CTAM 12828 it appears that the complainant deposited a sum of Rs. 100000/- for a period of three years on 30.01.2015 and the date of Redemption was 30.01.2018; the gross quarterly interest was  fixed at Rs. 3125/- per quarter. This receipt was signed by the Directors of the Co. namely Rabindranath Dey and Santanu Bhattacharya. 

The complainant has stated on affidavit that she got only one term interest of Rs. 3125/- and got nothing else, although the scheme has been matured on 31.01.2018. The Ops no. 2 and 3 did not come up to contest the case nor  to assail the claim of the complainant.

It is the case of the OP no 1 that he is a mere agent of the Company and he has nothing to do in respect of payment to the complainant. He also admitted that he received the amount from the complainant and handed over the same to the Company, the OPs no. 2 and 3 as well he handed over the original certificate of the deposit to the complainant.

So we find that the complainant has been able to prove her complaint.

In the result, we are of the view that the complainant is entitled to get the award as claimed.

All  the  points are answered accordingly.           

             Hence, it is

O R D E R E D

That CC/261 of 2018 be and the same is dismissed on contest against the OP No.1 and allowed ex parte against the OP nos. 2 and 3.

The OPs no. 2 and 3 are directed to make payment of Rs. 1,37,075/- to the complainant within one month from the date of this order along withRs. 2000/- towards mental harassmentand further Rs 2000/- as litigation cost.

In default of compliance of the above order, the OPs no 2 and 3 will pay further interest at the rate of 10% per annum on the awarded amount till full satisfaction of the same.

The complainant is at liberty toexecute this order as per provision of law.

Let copy of this judgment be supplied to the parties free of cost.