Order No.8

dt.14-3-2016

            This is a complaint made by one Smt. Susama Bhattacharya against Teacher Welfare Credit & Holding Ltd., 10/99, Bejoygarh, Police Station Jadavpur, Kolkata-700 092 praying for an order directing OP No.1 to pay the total invested amount of Rs.2,00,000/- along with the interest to the Complainant, an order directing the OP No.1 monthly interest from March, 2015 to November, 2015 in respect of Account No.B/S24619/13/27 amounting to Rs.9,000/- and also an order directing to OP No.1 to pay compensation to the tune of Rs.2,00,000/- and litigation cost of Rs.25,000/- .

            Facts stated in the complaint are that Complainant is 57 years and her husband is an Ex-Serviceman and fully dependent on pension. Complainant for getting a fixed monthly income invested sum of Rs.50,000/- with OP No.1 on 03-11-2012 in a monthly income scheme for 27 months accruing 12% interest p.a. in an Account bearing No.B/S/19810/12/27 the receipt of which is filed. Again Complainant invested Rs.50,000/- in similar monthly income scheme for 27 months having Account No.B/S/19811/12/27. The receipt of which is filed. This investments matured on 03-02-2015 but the OP No.1 files to refund the matured amount of Rs.1,00,000/- on the date of maturity.

            Complainant visited the office of OP No.1 on several occasions and requested for refund of maturity money but OP No.1 did not pay the money. The Complainant also invested a sum of Rs.1,00,000/- on 28-08-2013 in the same scheme having Account No.B/S/24619/13/27 which was acknowledged by OP No.1 but OP No.1 failed to refund the maturity amount of this account also.

            Complainant did not name any nominee. Proforma OP No.2 Soma Dutta, the co-investor and nominee in all three accounts. Complainant visited on several occasions for refund of the money in September, 2015 OP No.1 sent 10 post dated cheques of Rs.20,000/- through his agent. Complainant presented these cheques in State Bank of Mysore, Golf Green Branch but the said cheques were returned for Funds Insufficient. Complainant presented almost all the cheques but those returned with endorsement Fund Insufficient. Complainant sent notices to the OP which was received by OP. Complainant lost faith upon OP No.1 having no other alternative Complainant files this complaint.

            On the basis of above facts and after hearing the Ld. Advocate for Complainant, complaint was admitted. Proforma OP appeared by filing vakalatnama and file written version and contest the case. So, the case was heard ex-parte against OP No.1.

Decision with reasons

Complainant filed affidavit-in-chief and written argument.

In the present case pro-forma OP Soma Dutta filed written version and has stated that she did not put her name and she appeared before the Forum as per request of her parents who are Complainant of this case.

On perusal of the affidavit-in-chief and documents it appears that Complainant has asserted the facts mentioned in the written complaint. Original receipts have not been filed. However, on perusal of Xerox copy of the money receipt it appears that Complainant invested Rs.2,00,000/- with three accounts but did not get back the maturity amount. Accordingly, since the facts asserted by the Complainants remained unrebutted and unchallenged. Complainants proved the allegation which they brought and so they are entitled to relief A & B and also with compensation to the extent of Rs.50,000/- and D to the extent of Rs.10,000/- .

Hence,

ORDERED

Complaint and the same is allowed ex-parte in part.

Opposite Party is directed to pay to the Complainant Rs.2,00,000/- within 3 months  from this order with accrued interest till the date of payment. Further, OP No.1 is directed to pay Rs.50,000/- as compensation because due to the act and conduct of OP No.1 Complainant got harassed. Further, OP No.1 is directed to pay litigation cost of Rs.10,000/- within this period.

Accordingly, Case No.CC/91/2015 stands disposed off.