SMT. BANDANA ROY, PRESIDENT,

Gist of the complaint case is that the complainant invested a sum of Rs. 110000/- dated 16.03.2015 to the OP No. 2 through the OP no.1 being customer ID No. TYY0067411 for three years MIS as per receipt Memo No. TA02074467. The period of investment was up to 16.03.2018 which is already over.  Te Ops never offered any plot/villa or apartment to the complainant during the time of investment.  A huge amount of interest is due from the OPs. On the date of maturity the OPs did not pay the amount to the complainant  including the principle and due interest.

Hence, the complainant  has filed this complaint with a prayer for a direction upon the OPs to pay the complainant a sum of Rs. 1,48,500/- including the principle and due interest and other reliefs. 

Summons were issued upon both the Opposite Parties.  The OP no. 2 appeared and contested the case but the  No. 1 did not appear. So, the case is heard ex parte against the OP No. 1.

Points need to be considered are whether the case is maintainable and (2) whether the Complainants are entitled to the relief(s) sought for by him.

Decision with reason

Both the points are taken up together for discussion and decision for sake of convenience .

We have carefully perused the affidavit of the complainant and the copy of the certificate of property dated 06.04.2015  produced by the complainant, issued by the Director of the OPs, C.S. Jolly, wherein it is found that the OPs received the amount as mentioned in the certificate and also referred by the complainant in the  complaint. It is also written therein that the offer shall cease on and from 16.03.2018.        

          Two decisions reported in 2016(4), CPR 325 (NC) and (2), 2016(4),CPR 723 (NC) have been referred in support of the case of the complainant. The first decision says non- payment of redemption/maturity amount even on receipt of the unit certificates is an act of deficiency in rendering service on the part of the Company. Here the Opposite Parties did not controvert that the complainant paid the amount as asserted by the complainant.       

          The second decision speaks that depositor shall have continuous cause of action to seek recovery of the amount of his fixed deposit.

          In this case it appears that sham paper transaction has been created in order to take deposit of money from the presumably illiterate persons.  Consumer Forum being a beneficial legislation, here president cannot overlook this type of transaction Forum cannot overlook that in this way some companies are taking money from the poor people and filling up their iron chest.

          Ld advocate for the complainant argued that he along with many persons have been cheated by the Co. They did not get any offer document from the Opposite Parties except the certificate as above. They have invested money with the Co. on the assurance that they would get maximum value after the maturity period. But they have not received said amount.

          In Civil Appeal No. 3883 of 2007 (Supreme court) Hon’ble Justice of Madam B. Lakur observed in a dispute concerning a consumer, it is necessary for the courts to take a pragmatic view  of the rights of the consumer principally since it is the consumer who is placed at a disadvantage visa vise the supplier of service or goods. It is to overcome this advantage that a beneficent legislation in the form of CP Act 1986 was enacted by a Parliament.

          In view the aforesaid decisions and on the basis of the uncontroverted statement made in the complaint supported by affidavit, it is clearly established that the complainant is a Consumer under the C P Act 1986 and there is deficiency of service on the part of the Opposite Parties according to the Consumer Protection Act 1986.    

         Hon’ble National Commission of India held that technicalities will not be looked into very seriously while dealing with the consumer case.

Hence,

O R D E R E D

That CC/117 of 2018 be and the same is allowed  on contest against the OP No. 2 and ex parte against the OP No.1. 

          Both the Opposite Parties are directed to pay a sum return Rs. 148500/- to the complainant  within one month from the date of this order along with interest @ Rs. 10% from the date of the maturity of the investment till full realization of the awarded amount, failing which the complainant will be at liberty to put this order into execution.

 Let the copy of the judgment be supplied to all the parties free of cost.