Date of Filing: 25.05.2015 Date of Final Order: 09.10.2015
The Complainant, Sujairul Hoque, S/O Lt. Abdur Rahaman has filed the present case u/s 12 of C.P. Act, 1986 praying for issuing direction upon the Ops to return back the policy amount of Rs.3,00,000/- with interest and Rs.1,00,000/- as compensation for unfair trade practice and deficiency in service and litigation cost of Rs.10,000/- with other relief.
Briefly stated the facts of the case can be gathered from the case record is that the Complainant purchased one (M.R.P) Policy @8% interest per month from the Opposite Party Company, Swapnadeep Dealtrade Ltd. through OP No.1 i.e. the Chief Managing Director of the said Company.
It is the case of the Complainant that the Policy amount of Rs.3,00,000/- was paid by the Complainant in cash to the OP No.1 at their Mathabhanga Branch and the OP No.1 issued a Certificate in favour of the Complainant against the Policy particulars.
Sl. No | Name of Policy Holder | Customer ID | Certificate Sl. No./A/C | Deposited date | Terms | Deposited amount (Rs) |
01 | Sujairul Hoque | 10300003944 | 003MRP6459 | 23.03.2013 | 36 months | 3,00,000/- |
The Complainant purchased the above Policy to earn his livelihood. Thereafter, the Complainant received interest from the OP No.3 up to April, 2013 but after that he did not receive any amount from the OP though the OP assured the Complainant that they pay off the total amount within May, 2013. However, after expiry of stipulated period, the Complainant went to the Office of the Ops several times for return of the deposited amount with interest but all are in vain. It is crystal clear that the OP with ill motive did not give the deposited amount to the Complainant for which the Complainant is suffering irreparable loss and faced great financial problem. It is the further case of the Complainant that due to such activities of the Ops, the Complainant also suffered huge mental pain and agonies and finding no other alternative, he has filed the present case before this Forum seeking redress and reliefs as incorporated in the prayer portion of the Complainant.
In the present case, the Opposite Parties did not appear before this Forum despite receiving the notice/properly delivered by the Postal department, for which this case was heard in ex-parte.
In the light of the foregoing discussion, the following moot points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the O.Ps any deficiency in service as alleged by the Complainant and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully, also heard the argument in ex-parte. Perused the evidence of the Complainant with original documents.
Point No.1.
The Complainant procured receipts, certificates against investment of Rs.3,00,000/- from the O.P Company through the O.P. No.3. The O.P. No.3 issued money receipt by receiving the certain amount from the complainant with assurance to return the same with huge interest. Thus, the relation between the Complainant and the O.Ps so established from the record we are convinced to hold that the Complainant is the Consumer of the Opposite Parties.
Point No. 2.
The O.P Company has its branch office at Mathabhanga under Cooch Behar district within the jurisdiction of this Ld. Forum. Thus, as per section 11 of C.P. Act this Forum has territorial jurisdiction to try this case. Moreover, the complaint value of this case is far less than the prescribed limit. Hence, this Forum also has the pecuniary jurisdiction to entertain the present complaint.
Point No. 3.
Undisputedly, the Complainant deposited his hard-earned money to the O.P Company through O.P. No.3. The O.P. No.3 also issued a certificate on behalf of Swapnadeep Dealtrade Ltd. in favour of the Complainant from which it is crystal clear that what amount they had deposited with assured value to the O.P Company. The Complainant stated in the complaint and in evidence on affidavit that the O.P. No.3 issued certificate bearing ID No.10300003944 dated 23.03.2013 and money receipt in favour of the Complainant. The Money Receipts and the certificate bearing Seal and/or Signature of the O.P Company.
Now, the main contention of the Complainant is that he deposited the previously mentioned amount to the O.P but after certain period he did not get any interest/Deposited Amount as per the terms & conditions of the said deposit.
During the course of argument the Ld. agent of the Complainant vehemently stated that a mass No. of Money Marketing Agency in Cooch Behar District carry on their business in such a way by giving false assurance to make payment a huge amount within a short period but when the depositor made contact with the O.Ps they did not pay any heed towards it. This Complainant invested a huge amount for getting handsome return from the end of the O.Ps but did not get any maturity amount as a consequence this Complainant become the prey of the O.Ps.
From the documents made available in the record it appears that the O.P Company is a fake one and is not affiliated to any organization and having no license at all to collect money from numerous Consumers in such a way.
From the unchallenged statement made by the Complainant on affidavit, it is established that they being attracted by knowing the lucrative return against the deposit of a certain amount the Complainant come to be convinced and invested total amount of Rs. 3,00,000/- with the O.Ps for the purpose of having a handsome return as assured by the Opposite Parties and such fact of receiving the amount has been proved by the copy of Money Receipt.
It is totally established that the Opposite Party No. 3 received the total amount of Rs. 3,00,000/- from the Complainant under the signature and the Seal of Swapnadeep Dealtrade Ltd. with date.
In the case in hand despite receiving the Notice none appears on behalf of the Opposite Parties before this Forum to contest the case that means the Opposite Parties have nothing to say against the allegation brought by the Complainant. The materials to its entirety on record goes to substantiate that the opposite parties by launching a cheat fund in the name and style Swapnadeep Dealtrade Limited collected huge amount from the common people like the present Complainant by suppressing the truth and ultimately deceived the Complainant by adopting unfair trade practice. Annexure “A” series “B” reveals that Sri Amalesh Roy Dakua, the O.P. No. 1 is the Chief Managing Director, the O.P. no. 2 is the Director for which in no way they can avoid their liability. It is crystal clear from the documents made available in the record that the Opposite Party deprived the Complainant and failed to award the benefit to him as agreed upon, this Forum is of the clear opinion that the Opposite Parties are guilty of deficiency in service. That being the position the complaint is deserve to be allowed. Consequently, the Complainant must be awarded with compensation.
As it is already proved that the Complainant is the Consumer and the Opposite Parties are guilty of deficiency in service by adopting the arm of unfair trade practice and when the claim of the Complainant is genuine, we decide the case in favour of the Complainant without any hesitation and allowed reasonable relief as per law, equity and gravity of the case.
Thus, the complaint succeeds by unchallenged testimonies.
ORDER
Hence, it is ordered that,
The present complaint be and the same is allowed in ex-parte with cost of Rs. 5,000/- against the O.P. Nos.1, 2 & 3.
The O.Ps are hereby directed to pay to the Complainant Rs.3,00,000/- the deposited amount along with Rs.25,000/- as compensation for mental pain & agonies and for deficiency in service of the O.Ps. The O.Ps are further directed to comply with the above order jointly and/or severally within 45 days failing of which the Opposite Parties shall have to pay Rs. 50/- for each day’s delay and the amount to be accumulated shall be deposited in the State Consumer Welfare Fund.
Let plain copy of this Final Order be made available and be supplied free of cost to the concerned party/Ld. Advocate by hand/Registered Post with A/D forthwith for information and necessary action, as per Rules.
Dictated and corrected by me.
Member President
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
Member
District Consumer Disputes
Redressal Forum, Cooch Behar
