This is a complaint made by (1) Ajit Kumar Samanta, (2) Smt. Aruna Samanta, (3) Amit Samanta and (4) Smt. Mandira Samanta all are residing at 8 Nandi Bagan Road, P.O.-Haltu, P.S.-Garfa, Kolkata-700 078 against (i) Teacher’s Welfare Credit and Holding Ltd., having its office at 10/99, Bijoygarh, P.O.- Regent Estate, P.S.- Jadavpur, Kolkata-700092, OP No.1 and (ii) S. Ghosh, residing at 107, Regent Estate, P.O.- Regent Estate, P.S.- Jadavpur, Kolkata-700 092, OP No.2, praying for paying the maturity amount of Rs.6,18,800/- which is the principal sum that has matured, till today and also the statutory interest @ 12.5% p.a. and also for paying a sum of Rs.10,000/- towards mental stress and physical agony suffered by the Complainants.
Facts in brief are that OPs in the guise of teacher’s welfare fund are engaged in accepting deposits from the public under the head of Monthly Income Schemes, Recurring Deposits and Fixed Deposits.
Complainant No.1 being a retired school teacher in the hope of secured retired life, along with his family members, Complainant No.2 to 4 deposited a total sum of Rs.21,87,000/- in their joint and individual names which the OPs took with a promise to pay back along with an interest. Out of these deposits seven schemes have already matured. The maturity amount comes to a total of Rs.6,18,000/-. After the said deposits matured, the Complainants visited the OPs in order to claim the maturity amount. OPs gave nine post dated cheques in the names of Complainants amounting to Rs.3,20,006/- against the matured amount. The Complainants sought to encash the cheques in their bank account. But, these cheques were returned with endorsement of insufficiency of funds. OPs did a foul play. Complainants sent a notice dt.20.7.2016. OP No.1 received the notice, but, did not take any step. Complainant suffered enormous loss. So, Complainants filed this case.
On the basis of the above fact, the complaint was admitted and notices were served. But, OPs did not appear. So, the case was heard ex-parte.
Decision with reasons:
Complainant filed affidavit-in-chief and also filed certain documents.
Main point for determination is whether Complainant is entitled to the reliefs.
On perusal of the prayer portion of the complaint petition, it appears that Complainants have prayed for payment of Rs.6,18,800/- and Rs.10,000/- as compensation and Rs.5,000/- as litigation cost.
Complainant has filed Xerox copy of the receipts which reveal that on 9.2.2015 Complainant deposited Rs.2,50,000/-. Further, it appears that Complainant paid Rs.1,00,000/- on 21.8.2013 and another Rs.1,00,000/- on 20.2.2014, another Rs.1,00,000/- on 27.2.2012. Original receipts are also filed to establish that Complainant paid the amount.
Further, it appears that Complainant has filed the original cheques issued by the OP which were dishonoured.
As such, we are of the view that Complainant is entitled to the relief for refund of Rs.6,18,800/-.
Further, it appears that Complainant has prayed for a compensation of Rs.10,000/- and litigation cost of Rs.5,000/-.
Considering the circumstances, we are of the view that if Complainant is awarded compensation of Rs.5,000/- and litigation cost of Rs.2,000/- the justice would be served.
Hence,
ordered
CC/440/2016 is allowed ex-parte in part.
OPs are directed to pay Rs.6,18,800/- within six months of this order. They are also directed to pay Rs.5,000/- as compensation and Rs.2,000/- as litigation cost within this period. If the amounts are not paid it will carry interest @ 12% p.a. till the date of realization. The liabilities of the OPs are joint and several.
