SMT. BANDANA ROY, PRESIDENT

This is a complaint made by one Srinibas Chandra Manna against the Branch Manager and Directors of Alchemist Holding Limited, Haldia Branch, praying for a direction upon the Opposite Parties. to pay  Rs. 52,000/-along with interest @ 10% from the due date till realization, compensation for a sum of Rs. 5,000/- and litigation cost of Rs.5,000/-.

In short, case of the Complainant is that he got cheque No. 737999 of PNB dated 05.07.15 for a sum of Rs. 31,200/- and payment advice No. H 0158471 dated 05.07.15 towards maturity payment against investment of Rs. 25,000/- made on 05.01.2009 to the OP No. 2 through the OP no.1 for six years as redeemable preference share. The above cheque bounced from the bank due to insufficient fund.  It is the case of the complainant that a sum of Rs.  52.000 is outstanding from the Opposite Parties as on 05.07.2015.

Hence, this case.

 Summons were issued upon both the Opposite Parties. Opposite Parties appeared by filing power but did not contest the case. So the case is heard ex parte against the Opposite Parties.

Point to be considered in this case is whether or not the Complainant is entitled to the relief(s) sought for by her.

Decision with reasons

          We have carefully perused the affidavit of the complainant and all the documents filed by the complainant. From the copy of the certificate of property issued by the OP no.2 dated 12.0113, signed by the Director, BM Mahajan which is a letter of allotment of redeemable preference share. Also seen the copy of cheques filed by the complainant.

          In this case it appears that the Opposite Parties issued cheque in favour of the complainant towards maturity payment. But the complainant has not filed any bank note to the effect that on which ground the cheque had been bounced. However, none of the Opposite Parties has come forward to dispute the case of the complainant.

          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/521 of 2017 be and the same is allowed ex parte against the Opposite Parties.

          Both the Opposite Parties are directed to pay a sum of Rs. 52000/-along with interest @10% per annum from the due date till final realization and compensation of Rs. 2000/- and  litigation cost of Rs. 1000/- within one month from the date of this order, failing which the Opposite Parties shall be liable to pay Rs 100/- per day as punitive  charge till full satisfaction of the award.  This charge will be payable to the Consumer Welfare Fund.

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