SMT. BANDANA ROY, PRESIDENT.

The case of the complainant is that she invested sum of Rs. 1,80,000/- to the OP no. 2 through the OP no.1 on 27.07.2013 being certificate No. TA01726939. The date of maturity of said investment was 02.03.2017. The complainant demanded back the money by sending registered letter on 03.11.2017 but the Ops did not respond nor they returned the money to the complainant.

Hence the case for a direction upon the OPs for return of Rs. 1,80,000/- to the complainant being face value of the investment with 10% interest from 27.07.2013 and other reliefs.

Summons  were issued upon both the Opposite Parties. OP No. 2 appeared by filing vokalatnama but OP no.1 did not appear .So, the case is beard ex parte against the OP no.1.

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 receipt issued by the OP no.2 dated 10.08.2013, signed by the Director CS Jolly,it is seen that the OP no.1 has received the amount  from the complainant and promised to refund Rs. 1,80,000/- as on 02.03.2017, the expiry date of the tenure.  The amount has been stated to have been received on the basis of an application of the complainant dated 27.07.2013   to offer an apartment/villa in the project area of the OP within a period of two years seven months.

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 the complainant along with many persons have been cheated by the Co. They did not get any offer document from the Opposite Parties. except the receipt /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 Madan 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  vis a vis the supplier of service or goods. It is to overcome this advantage that a beneficent legislation in the form of CPAct 1986 was enacted by a Parliament.

          Ld advocate appearing for the OP No.2 submitted at the time of argument that if the complainant files the case within two years  of the cause of action then the complainant is entitled to get the reliefs.

          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, it is

O R D E R E D

That CC/612 of 2017 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 of Rs.1,80,000/- to the complainant along with interest @10% per annum from 27.07.2013 till final realization within one month from the date of this order, failing which the complainant will have the liberty to put the order into execution.

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