West Bengal

Purba Midnapur

CC/59/2016

Rebati Maji - Complainant(s)

Versus

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

Himanshu Sekhar Samanta

28 Sep 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
PURBA MEDINIPUR
ABASBARI, P.O. TAMLUK, DIST. PURBA MEDINIPUR,PIN. 721636
TELEFAX. 03228270317
 
Complaint Case No. CC/59/2016
 
1. Rebati Maji
W/o Sri Bankim Maji, Vill.- Chatra, P.O.-Ramtarakhat, P.S.-Tamluk, Purba Medinipur
Purba Medinipur
West Bengal
...........Complainant(s)
Versus
1. The Branch Manager, Greenage Food Products Ltd.
Mecheda Branch, P.O.-Mecheda, P.S.-Kolaghat, Purba Medinipur, PIN-721137
Purba Medinipur
West Bengal
2. The Managing Directors, Greenage Food Products Ltd.
Pincon Group of Companies, 7, Red Cross Place, Third Floor, Wellesley House, Calcutta-700001
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: SK. Nasrul Samad, Advocate
Dated : 28 Sep 2016
Final Order / Judgement

Smt. Bandana Ray, President

This is a complaint made by one Smt. Rebati Maji against the Branch Manager and Managing Director of GREEAGE FOOD PRODUCTS LTD., praying for a direction upon the OPs to return the matured value of Rs.25000/- along with interest @ 10% from 13.08.2015 till realization, and compensation of Rs.60000/- with litigation cost of Rs.10000/-.

In short, case of the Complainant, is that, she invested a sum of Rs.500/- per month as recurring deposit from 14.08.2012 with the OP No. 2 through OP No. 1 for 36 months being Allotment No. GFPL/003/12-13/B301003841. The maturity value of the said deposit was Rs.25000/-which matured on 13.08.2015. On maturity, Complainant demanded the matured amount from the OP and submitted all relevant documents to facilitate this.  However, OPs have not settled her claim hence, this case.

OP No. 2 contested the case by filing WV, the OP No. 1 inspite of receiving summons refused the same so the case is heard ex-parte against OP No1, whereby OP No 2 denied all the material allegations of the complaint.  It is further stated that the Complainant claimed the maturity proceeds through his Ld. Advocate without furnishing relevant documents for this purpose. So, this OP asked the Complainant to submit requisite documents, but the Complainant is yet to furnish the same. 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 him.

Decision with reasons         

We have carefully perused the affidavit of the complainant and all the documents filed by the complainant. After going through the W/V of the OP No 2 it appears that the OP more or less admitted their fault. OP’s ld. Lawyer submitted that they will pay the claim of the complainant within 3 months. They have also stated that they demanded from the complainant original certificate, original challan from the complainant, but complainant did not file the same. But nothing has been proved by cogent evidence by the OP. 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/59/2016 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.25000/- to the complainant within three 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 Rs. Compensation of Rs.2000/- and Rs.1000/- as litigation cost to the complainant within three 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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