DATE OF FILING : 29.11.2016.
DATE OF S/R : 13.01.2017.
DATE OF ORDER : 27.07.2017.
Smt. Sephali Samanta,
w/o. Ashoke Kumar Samanta,
village Srikrishnapur, P.O. Kulgachia,
District Howrah,
PIN 711306.………………..……..…………. ……………………… COMPLAINANT.
1. The Branch Manager,
Alchemist Infra Reality Limited,
Mr. Chinmoy Samanta,
Uluberia Branch, Uluberia, Nona,
near Tataindicom Showroom,
Howrah 711315.
2. The Director,
Mr. B.M. Mahajan,
registered office at
100, first floor, Okhla Industrial Estate Phase III,
New Delhi 110020.
3. The Director,
Mr. B.M. Mahajan,
registered office at 100, First Floor,
Okhla Industrial Estate Phase III,
New Delhi 110020. ………………..……………………...OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- This is an application U/S 12 of the C. P. Act, 1986 ( as amended up to date ) filed by the complainant / petitioner, Smt. Sephali Samanta, against the o.ps., Alchemist Infra Reality Limited, praying for a direction upon the o.ps. to refund Rs. 4,000- being the matured value along with 18% due interest and compensation of Rs. 50,000/- for mental and financial harassment and litigation costs.
- The case of the petitioner is that she invested Rs. 2,000/- in fixed deposit scheme under o.ps. on 31th August, 2009. The certificate was matured on 13.07.2015. Within a few days of maturity complainant submitted the original certificate before o.p. no. 1 and the o.p. no. 1 assured the complainant that they would call the complainant for issuing cheque in favour of her but lapse of so many days o.p. no. 1 did not take any positive step and tried to avoid its responsibility with a view to cheat the complainant. Thereafter complainant sent a letter dated 04.01.2016 requesting o.p. no. 1 to issue a cheque in her favour but the o.p. no. 1 did not pay any heed. Being frustrated and finding no other alternative she filed this complaint with the aforesaid prayers.
- Notices though served upon the o.ps. but they did not appear and file written version to contest the case. So the case is heard ex parte against the o.ps.
- The only point to be decided here is whether the petitioner is entitled to the relief as prayed for ?
DECISION WITH REASONS :
- In support of her case, the petitioner filed affidavit as well as the documents being certificate of fixed deposit issued by the o.p. company wherein it is seen that petitioner invested Rs. 2,000/- on 31th August, 2009 and the certificate was matured on 13.07.2015 which proved the case of the petitioner ex parte as all the oral and documentary evidences went unchallenged and there is nothing to disbelieve the case of the petitioner who proved hercase ex parte.
In the result, the application succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. No. 358 of 2016 be and the same is allowed ex parte with cost against the O.Ps.
The petitioner is entitled to the relief as prayed for. The O.Ps. are directed to refund Rs. 4,000/- as maturity amount to the petitioners within 30 days from the date of this order and to pay Rs. 5,000/- out of which Rs. 2,000/- would go to the petitioner as compensation and the rest amount of Rs. 3,000/- would be deposited in the Consumer Legal Aid A/c of this District Forum. The petitioner is entitled to the litigation costs of Rs. 2,000/- and the above compensation and costs be paid within one month from the date of this order.
The petitioner is at liberty to put the final order into execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
