West Bengal

Jalpaiguri

CC 93/2013

Amulya Barman - Complainant(s)

Versus

Subrata Adhikari, - Opp.Party(s)

10 Nov 2014

ORDER

District Consumer Disputes Redressal Forum,
JALPAIGURI
 
Complaint Case No. CC 93/2013
 
1. Amulya Barman
S/O Lt. Khoka Barman, Resident of Vill.-Dakshin Dangapara, P.O.-Dangapara Ashram, P.S.-Maynagu
...........Complainant(s)
Versus
1. Subrata Adhikari,
Chief Managing Director, Sumangal Industries Ltd., Chatterjee International Centre, 9th Floor, Room No.A1133A, Jawaharlal Nehru Road, Kolkata-71.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Asoke Kumar Das PRESIDENT
 HON'BLE MS. Bina Choudhuri MEMBER
 HON'BLE MR. Prabin Chettri MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 10 Nov 2014
Final Order / Judgement

Complainant files hajira through Ld.Lawyer. Complainant also files original money receipt dt.20/10/12 and the original certificate/bond dt.20/10/12 by firisti. Let the sum be kept to the record.

The case is taken up for ex-parte hearing. Heard submission of Ld.Lawyer for the complainant. Perused the aforesaid documents and the petition of complaint. Considered.

Complainant’s case in short is that he is a customer of the O.P’s. Jalpaiguri Branch at Rupashree Golden Complex, as he purchased a bond of Rs.3lacs  from the O.P.’s Jalpaiguri Branch on 20/10/12 being policy no.P12100I4276 for the period from 30/11/12 to 19/10/13. The O.Ps. committed to pay him a monthly return of Rs.3750 per month for 12 months alongwith maturity value of Rs.3,04,500. It is alleged by the complainant that the O.Ps. have not paid him a single rupee after maturity of his said bond and that the Jalpaiguri Branch of the O.P. had been closed long before and so the complainant had been to the O.P.’s registered office at Chatterjee International Centre, Kolkata on 06/11/13 but his claim was not settled there rather he was physically assaulted by the officials of the O.Ps.

          Hence this case.

          After admission of this case notice was issued upon all the O.Ps. by registered post with A/D on 26/02/14 but none of them turned up to contest the case. Hence the case was heard ex-parte.

           Now after going through the petition of complaint and after due consideration of the original money receipt and the original certificate of the bond filed today and the submission of the Ld.Lawyer of the complainant we find that the complainant is a consumer and that this case is maintainable. We further find and hold that the complainant has proved his allegation against the O.Ps. regarding deficiency in service/ Unfair Trade Practice by his unchallenged avertments made in his petition of complainant which is supported by affidavit. Therefore the complainant is entitled to the reliefs specified below.

All points are disposed of.      

           In the result the case/application succeeds ex-parte.   

           Hence, it is

O R D E R E D

          That the case is allowed ex-parte in part with cost of Rs.3000/-. The complainant do get an award of Rs.3,04,500/- plus 45,000/- =Rs.3,49,500/- against the O.Ps. The complainant do get further award of Rs.3,500/- towards compensation for deficiency in service of O.Ps.  He do get further award of Rs.3,500/-against the O.P. for his mental agony, harassment etc. The O.Ps. are hereby directed to pay to the complainant the aforesaid cost of Rs.3000/- and the awarded amount of Rs.3,56,500/- in total within 30days from the date hereof failing which it will accrue interest @9% p.a. till realisation and the complainant shall be at liberty to put this order into execution in accordance with law.

           Let copy of this final order be supplied to the parties free of cost forthwith in terms of Sec.5(10) of West Bengal Consumer Protection Act 1987.

       

 
 
[HON'BLE MR. Asoke Kumar Das]
PRESIDENT
 
[HON'BLE MS. Bina Choudhuri]
MEMBER
 
[HON'BLE MR. Prabin Chettri]
MEMBER

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