DIST. CONSUMER  DISPUTES  REDRESAL  FORUM

                                        NORTH 24 Pgs., BARASAT.

                                        C. C.  CASE  NO. 190/2014

   Date of Filing:                 Date of Admission                Date of Disposal:

   07.04.2014                   25.04.2014                              09.09.2015

Complainant/s                             = Vs. =                         O.Ps.

Souvik Soumya Kuri,                                             The Authority,

S/o. Mr. Bimalendu Bikash Kuri,                                    MPS Greenery Developers Ltd,

 6, B. N. Sarani, Barrackpore,                             having Kolkata office at ‘MPS Enclave’

P.S. Titagarh,                                                           P-112, Block-B, Lake Town, Kolkata,

 Kol-122,                                                                   Pin-700089 (W.B) and having

Dist- North 24 Parganas.                                                 Regd. office at –

                                                                                    Vill- Dighisole, P.O. Dahijuri,

                                                                                    Jhargram, West Midnapore,

                                                                                    Pin-721504 (W.B, India).

Advocate for the Complainant:- Sanjay Chakraborty.  

Advocate for the OPs:- X.

                           P R E S E N T  :- Smt. Bandana Roy ………………….President

                                                :-Sri Rabideb Mukhopadhyay…….Member

                                                        J U D G E M E N T

Facts of the case, in short, is that the complainant had deposited the amount of Rs. 1,00,000/- for purchase of Orchard Bond from the O.P above named with condition monthly instalment schme of 120 months, mode of return Rs. 1,000/- per month along with final maturity value and being received the said amount from the complainant, the O.P issued the certificates on 29.03.13 vide Bond No. KA001 0/03/13/016178.

The complainant stated that due to some unavoidable circumstances the complainant had expressed his desired to surrender the said Bond before the O.P/Authority and wanted to collect the entire amount along with dues monthly instalment last 3 (three) months but the O.P authority flatly refused to pay the said amount to the complainant without any clarification for the reason of non- payment.

The complainant further stated that the complainant realized that the O.P authority forfeited the said amount without justification and its business is now showing unfair trade practice as a consequence the complainant is now suffering huge monetary loss and therefore, there is no other alternative way except to file this case before this Forum for proper redressal as prayed for.

Dictated and corrected                                                                             Contd. …. 2/-

C. C. Case No.-190/2014

- :: 2 :: -

The complainant also stated that due to deficiency on service of the O.P the complainant has suffering huge mental agony and harassment and therefore, the complainant is praying the amount of compensation and cost as per provision of 2(1) (g) of the C.P. Act. Hence the complaint.

The O.P did not turn up to contest the case.

Point for Decision:-

Whether the complainant is entitled to get any relief as prayed for?

Decision with Reasons

Complainant has submitted affidavit in chief in support of his contention in the complaint. Complainant submitted the documents in support of his claim. We have perused the documents. OP did not turn up to controvert those documents. Hence we are no hesitation to hold that complainant is entitled to get relief as prayed for.

Hence

Ordered,

                                             that the complaint be and the same is allowed exparte against the O.P.

O.P. is directed to refund the entire bond amount of Rs. 1,00,000/- along with interest  12% till its final payment.  

O.P is directed to pay compensation of Rs. 10,000/- and Rs. 5,000/- as litigation cost to the complainant within one month from the date of this order, failing which O.P shall have to pay sum of Rs 100/- per day from the date of this order till it realization, as punitive damages, which shall be deposited by the O.P in this State Consumer Welfare Fund.

            Let copies of the order be supplied to the parties free of cost when applied for.

Member                                                                                                       President

Dictated & Corrected by me.