: J U D G M E N T :
This is a case under Section 12 of the Consumer Protection Act. The facts of the case to put in a nutshell, are as below:-
The complainant, Subrata Chatterjee has filed this case against proprietor Asoka Life Science Ltd., Mirinda Apartment, Kolkata – 59 and the Manager of the said Company, OP No. 2. The incident took place on 27.04.13. The OPs assured the complainants and others to deposit Rs.4,41,200/- in total showing different products of the company and being duped by the OPs. The hard earned money was deposited in the six of the complainants but after the date of maturity the amount was not returned by the OPs to the complainants. A case was filed being No. 428/2013, on 30.02.12 against Saurav Roy in the A.C.J.M., Ranaghat, Nadia.
The OPs received the notice of the case but did not contest the case. Hence, the case went exparte against them.
POINTS FOR DECISION
- Point No. 1: Has the complainant established his case?
- Point No. 2: What relief the complainant is entitled to get?
REASOND DECISIONS
For the purpose of brevity and convenience both the points are taken up together for discussion.
Perused the account statement wherein the amount deposited has been shown as Rs. 4,41,200/- and the interest amount of Rs. 1,80,100/-. Perused the list of vouchers in the six numbers along with the scheme in the name of the complainant and the other persons who have authorized the complainant to recover the money.
We have perused the original documents along with the affidavits. The unchallenged testimony of the complainant has proved the case of the complainant. Thus we hold that the complainant has established his case against the OPs.
We hold that the complainant is entitled to get relief of Rs. 4,41,200/- plus interest of Rs. 1,80,100/- totaling Rs. 6,21,300/-.
Hence,
Ordered,
That the case CC/2014/77 be and the same is allowed exparte against the OPs. The complainant is entitled to get Rs. 4,41,200/- plus interest of Rs. 1,80,100/- totaling Rs. 6,21,300/-. The complainant is also entitled to get of Rs. 10,000/- as cost of the suit and compensation of Rs. 5,000/ - totaling Rs. 6,36,300/-. The OP is directed to pay the decretal amount of Rs. 6,36,300/-within one month from this date, in default the decretal amount will carry interest @ 9% per annum since this date till the date of realization of the full amount.
Let a copy of this judgment be delivered to the parties free of cost.
