IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

MURSHIDABAD AT BERHAMPORE.

CASE No.CC 92/2016 .

 Date of Filing: 13.06.2016.                                                                         Date of Final Order: 20.09.2016

Complainant :  Abdul Bari Biswas S/O Late Yasin Biswas, Vill. Chandrahat, P.O. Hanribhanga

                        P.S.& Dist. Murshidabad. Pin - 742302

-Vs-

Opposite Party: Swapan Kumar Bhattacharyya, Parijat Abasan, Flat No. 105 (1^st Floor),

                           (Satimaa Gali), F/G/1, Sreeram Siromonu Road. P.S. Berhampore,

                           Dist. Murshidabad.

                       Present:    

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

                                                Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

            Smt. Pranati Ali, Presiding Member,

Instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 for return back the money of Rs.17,000/- as advanced deposited to open a “customer Service Point” along with Rs.1000/- to open a Savings Account and Rs.40,000/- as different cost and compensations from the OP.

            The complaint’s case , in brief, is that the complainant met with the OP, who  himself worked in a Kiosk of Bank of Baroda, Berhampore Branch as well as runs a Customer  Service Point of the same bank. The OP later proposed the complainant to open a “Customer Service Point” of same bank in his village and the complainant agreed to do that. The complainant deposited amount of Rs.17,000/- as per instruction of the OP on 23.07.2014 to the OP, but after that the OP became relucant to implement the programme being hopeless the complainant want to return back the money from the OP then 19.01.2015 the OP refused to return the money with a rude behaviour . On the same day the complainant made a G.D.E being No. 1352 dt. 19.01.2015 with the Police Station. Police did not take steps. So, the complainant came to this Forum for proper redress.

            On the other hand the OP/Swapan Kuamr Bhattacharyya(CSP) has not turned up in spite of receiving the notice and for that the case is taken up for hearing ex parte.

            The only point for consideration is whether there is any deficiency in service on the part of the OP or not and or whether the complainant is entitled to get any relief or not.

                                                               Decision with reasons.

            It is pertinent to mention that the complainant has submitted some documents in support of his case.

            Perused the record, we observed that the complainant was convinced by the OP to open a CSP is evident by the submitted Xerox copy of opening account number list prepared by the OP, which is enough documentation material to convince a simple village person that the scheme is running condition and the OP is a right person to rely. Obviously,  the complainant deposited Rs.17,000/- to the OP as the OP instructed to open a CSP in his village from where he can earn something. This deposition and received has an evidence on the Xerox copy of the money receipt. The complainant stated in the complaint that after a long waiting, when he want to return the money to the OP, the OP delayed to return and ultimately refused to return the money with a rude behaviour. Then the complainant made GDE with the Police Station which was also evident in the Xerox copy of GDE submitted by the complainant. All these acts of the OP is a clear example of fraudulence and unfair trade practice. So, the complaint is entitled to get relief.

            On the basis of above discussions and considering the documentary evidence of unfair trade practice that the OP is charged by unfair trade practice and for that he has to pay back the said amount of Rs.17,000/- along with Rs.5000/- as compensation.

            Hence,

                                                                            Ordered

that the Consumer Complaint No. 92/2016 be and the same is hereby allowed ex parte  against the OP with a litigation cost of Rs.3,000/-.

1.      The OP is directed to pay back the amount of Rs.17,000/- along with Rs.5,000/- as compensation to the complainant within 30 days from the date of receipt of this order.
2. The OP is further directed to deposit Rs.10,000/- to the Consumer Legal Aid Account  for unfair trade practice within 30 days from the date of the receipt of this order
3. Failing any of (a) or (b) of the ordering portion by the OP, the OP is to pay Rs.50/- per days’ delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.