Hon'ble Mr. Haradhan Mokhopadhyay, President.

The case record is taken up for passing ex-parte order.

The basic fact of the case in hand is that the Complainant Sri Pronoy Subhra Biswas is a bonafide customer of the O.Ps. The O.P. No.1 Sujit Das is a director of  Jouguru Small Savings Benefit Fund Nidhi Limited and O.P. No.2 Smt. Nivedita Sen Ghosh is an Agent of the said Company/ financial establishment and O.P. No.3 Jouguru Small Savings Benefit Fund Nidhi Limited( Nidhi Bank) is the financial establishment having registered Office at Vill & P.O. Dawaguri, P.S. Kotwali, Dist- Cooch Behar. The O.P. No.2 came to the house of the Complainant under instruction of the O.P. No.1 with a representation about the genuineness of the OP Company and approached to deposit Rs.22,000/-. Accordingly the Complainant deposited a sum of Rs.22,000/- being certificate registration No.CO-13/C-201 Account No.00000163 Folio No. C/163, Share ID No. E-270 dated 18.11.13 deposited amount Rs.22,000/- category FD maturity date 18.05.19, Nominee Dipali Biswas. The said FD was matured on 18.05.19. On maturity the Complainant contacted with O.P. No.1 & 2 for obtaining of matured benefit but did not succeed. Finally the Complainant served a legal notice to the O.P. No.1 & 2 on 07.11.20 which was duly received by the O.P. No.1 & 2. The O.P. No.1, 2 & 3  have been carrying on illegal business without valid license. They have jointly collected money from others fraudulently for the purpose of cheating and as such they are doing unfair trade practice. Due to such misdeeds by the O.Ps. Complainant, they have cheated the Complainant for which he had suffered both financial loss, mental harassment pain and agony. The Complainant therefore prayed for directing the OP to pay of maturity money of Rs.44,242/- alongwith interest from the date of maturity on 18.05.19 till the date of payment, litigation cost Rs. 10,000/- and for mental pain and agony Rs.25,000/- and for unfair trade practice Rs.50,000/- total Rs.1,29,242/-.

The O.Ps preferred not to contest the case and as such the case was heard ex-parte against all the O.Ps.

The postal remark and the document of track report disclose that there are sufficient ground to proceed ex-parte against the O.P. No.1 and accordingly this Court passed the order on 29.12.21 that the case shall be heard ex-parte against the OP.

The Complainant in order to establish the case filed evidence on affidavit and the documents in original.

After perusing the pleadings and the evidence on record it transpire that the Complainant invested a sum of Rs.22,000/- on 18.11.13 with the O.P. No.1 Company with the help of O.P. No.1 & 2.

The date of maturity of the said fixed deposit having account No.00000163, registration No.CO-13/C-201, Folio No. C/163, Share ID No.E-270 maturity amount Rs.44,242/- dated 18.05.19.

In order to substantiate his claim the Complainant also filed the legal notice which is marked as Annexure- A and A1 dated 07.11.20 wherein the claim of the Complainant for maturity amount was raised in the O.Ps but the OP did not reply to the same which compel deed the Complainant to file this case. The case has been filed well within time.

The pleadings, evidence on affidavit and the documents are sufficient to hold that the Complainant is the consumer under the O.P. No.3 Company.

The unchallenged evidences also establish that the O.P. No.1 & 2 alongwith O.P. No.3 have failed to repay the matured money to the Complainant, which amounts to deficiency in service.

The allegation of unfair trade practices by the O.Ps also stands proved through the evidence on record.

The entire averment and allegation raised by the Complainant against the OP stands unchallenged and undiscarded in as much as the entire case of the Complainant was heard ex-parte and the O.Ps preferred not to contest the case. In fact the O.Ps could not make out any defence case for which this Court has no alternative but to hold that the Complainant successfully proved the case against the O.Ps up to the hilt.

In the result the complaint case succeeds ex-parte against the O.Ps.

Hence, it is

Ordered

That the complaint case be and the same is allowed ex-parte against all the O.Ps with cost of Rs.10,000/-. The Complainant do get an award of Rs.44,242/- for matured money against the FD from the O.Ps, Rs.50,000/- for unfair trade practice, Rs.25,000/- for mental pain and agony and Rs.10,000/- for litigation cost. The O.Ps are directed to pay the said sum of Rs.1,29242/- jointly and severally within one month from the date of passing the order failing which they will be liable to pay interest @ 6% per annum on the awarded money to the Complainant from the date of passing the order till the date of realisation.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order be also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.