West Bengal

Purba Midnapur

CC/248/2016

Alpana Ghara - Complainant(s)

Versus

The Branch Manager, Greenage Food Products Ltd. - Opp.Party(s)

Himanshu Sekhar Samanta

14 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
PURBA MEDINIPUR
ABASBARI, P.O. TAMLUK, DIST. PURBA MEDINIPUR,PIN. 721636
TELEFAX. 03228270317
 
Complaint Case No. CC/248/2016
 
1. Alpana Ghara
W/o Rampada Ghara, Vill.- Dumra, P.O.- Hogla, P.S.- Tamluk
Purba Medinipur
West Bengal
...........Complainant(s)
Versus
1. The Branch Manager, Greenage Food Products Ltd.
Sister Concern of Pincon Group of Companies, Mecheda Branch, P.O.-Mecheda, P.S.-Kolaghat, Purba Medinipur, PIN-721137
Purba Medinipur
West Bengal
2. The Managing Directors, Greenage Food Products Ltd.
Sister Concern of Pincon Group of Companies, 7, Red Cross Place, Third Floor, Wellesley House, Kolkata-700001 , At present : 3, Dacres Lane, Third Floor, Kolkata - 700069
Kolkata
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. JUSTICE Smt. Bandana Roy PRESIDENT
 HON'BLE MRS. Syeda Shahnur Ali,LLB MEMBER
 
For the Complainant:Himanshu Sekhar Samanta, Advocate
For the Opp. Party:
Dated : 14 Feb 2017
Final Order / Judgement

SMT. SYEDA SHAHNUR ALI, MEMBER

This is a complaint made by one Alpana Ghara against the Branch Manager and  Director of Greenage Food Product Ltd praying for a direction upon the OPs to pay the Maturity value of Rs.15,000/-along with interest @ 10% from 26.02.2015 till realization, compensation for a sum of Rs.70,000/- and litigation cost of Rs.15,000/-.

In short, case of the Complainant is that, she invested a sum of Rs. 300/-per month as recurring deposit  on and from 27.02.2012 with the OP No. 2 through OP No. 1 for three years being Certificate No. GFPL/003/78890/10-11/330280. The date of maturity of the said recurring deposit  was 26.02.2015 and the maturity value   was Rs. 15,000/-.  On 26.02.2015 the Complainant demanded the maturity value from the OP and filed all the relevant documents, but the OP No.2 declined to return the amount hence, this case.

OP No. 2 contested the case by filing WV, the OP No. 1 in spite of receiving summons refused the same so the case is heard ex-parte against OP No. 1, whereby OP No. 2 denied all the material allegations of the complaint and stated that the case is filed with a malafide intention for some illegal gain. The further case of this  OP is that the Company has gone under liquidation. Thus, this OP prayed for dismissal of the case.

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. The only defense of the OP No. 2 is that the case does not come under the ambit of the Consumer Protection Act and  that the Company has gone under liquidation.  It appears from the submission of the ld. Lawyer of OP No.2 that practically he had no defence excepting denial of the averments of the claim application. Nothing adverse has been adduced or produced by the OP to disprove the claim of the claimants. Hence, we are of the view that complainant is entitled to get the maturity value of the investment.

This complaint case, thus, succeeds.

Hence,

O R D E R E D

That CC/248 of 2016 be and the same is allowed on contest against the OP No. 2 and ex parte against the OP No. 1. OPs are directed to pay maturity value of Rs.15,000/- to the complainant within two months from the date of this order, in default, OPs will have to pay interest at the rate of 10% p.a. till final payment. OPs are further directed to pay compensation of Rs.500/- and Rs. 500/- as litigation cost to the complainant within two months from the date of this order, failing which OPs will be liable to pay Rs.100/- daily as punitive charges which will be payable to the Consumer Welfare Fund.

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

 
 
[HON'BLE MRS. JUSTICE Smt. Bandana Roy]
PRESIDENT
 
[HON'BLE MRS. Syeda Shahnur Ali,LLB]
MEMBER

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