Ld. Advocate(s)

                   For Complainant: Kuntal Pramanik

                   For OP/OPs :None

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Date of filing of the case        :10.12.2019

Date of Disposal  of the case :23.03.2023

Final Order / Judgment dtd.23.03.2023

Complainants Ranjit Pramanik & Sanjit Pramanik filed the present complainants against the aforesaid opposite parties under section 12 of the Consumer Protection Act, 1986 alleging deficiency in service and prayed for refund of deposited amount, compensation amounting to Rs.35,000.00 (Rupees Thirty five thousand) for massive financial loss, injury, mental pain , agony, suffering and harassment.

 It is the allegation of the complainants that they deposited Rs.18,600.00 (Rupees Eighteen thousand six hundred) before the OPs and they were agreed to refund the same along with interest. On many occasions complainants requested the OPs to refund the deposited amount along with interest but they initially assured to refund the same but ultimately refused to return the principal amount along with interest. Hence, this case.  

Trial

During trial complainant Ranjit Pramanik filed affidavit in chief.

Complainants filed two separate documents i.e  Two pass books.

Brief Notes of argument.

                   Complainants in support of their case filed Brief Notes of Arguments. On 21.03.2023.

Decision With Reasons

                   Ld. Adv. for the complainants argued before this commission that complainants deposited Rs.18,600.00 (Rupees Eighteen thousand six hundred) before the office of OP No.1 & 2 and on that time they issued two pass books to that effect i.e for Rs. 13,350.00 and Rs.5,250.00. It will be clear from the entry of the pass books that during 18.04.2017 to 03.05.2018 complainants deposited Rs.18,600.00 (Rupees Eighteen thousand six hundred). But thereafter on several occasions complainant visited the office of OP No.1 & 2 but they did not refund the principal amount with the interest. Hence, the complainant filed this case.

          On perusal of affidavit sweared by the complainant Ranjit Pramanik dated 16.03.2023 which has submitted before this Commission, we find that complainants deposited Rs.18,600.00 (Rupees Eighteen thousand six hundred) before the office of OP No.1 & 2. Aforesaid affidavit in chief is nothing but unchallenged testimony. So we do not find any reason to disbelieve the contents of the said affidavit in chief.

On perusal of two pass books issued by Branch Manager K.D.S. Trust, Bhimpur Branch we find that complainants deposited Rs.18,600.00 (Rupees Eighteen thousand six hundred) before them during 18.04.2017 to 03.05.2018. There is no

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counter evidence against the said fact before this Commission. No counter documents have been filed before this Commission against the said fact.

Accordingly we do not find any reason to disbelieve the same.

On careful consideration of the facts and circumstances of this case and allegations which lodged against the OP No.1 & 2 and on careful perusal of documents on record we find that complainants are the consumer and OP No.1 & 2 are the service provider. We also find that OP No.1 & 2 are the representative of K.D.S. Trust  Bhimpur Branch.

Having regard to the aforesaid discussion it is clear before us that complainants deposited to Rs.18,600.00 (Rupees Eighteen thousands six hundred) before the office of OP No.1 & 2 during 18.04.2017 03.05.2018 and till date they did not get the principal amount along with interest which amounts to deficiency in service on the part of OP NO.1 & 2.

Accordingly we find that complainants are entitled to relief against the OP NO. 2 as per his prayer as name of OP No.1 has expunged on 01.02.2023

In the result present case succeeds.    

Hence,

It is

`                           Ordered

                                       that the  present case be and the same is allowed ex-parte  against the OP NO.2 with cost of Rs.3000.00 (Rupees Three thousand) to be paid by OP No.2 in favour of the complainants in equal share.

OP No.2 is directed to refund Rs.13,350.00 (Rupees Thirteen thousand three hundred fifty) in favour of the complainant No.1 Ranjit Pramanik along with interest @ 9% per annum from 03.05.2018 to till the date of actual payment positively within one month from this date failing which complainant No.1 Ranjit Pramanik shall have liberty to put the order into execution.

OP No.2 is further directed to refund Rs.5,250.00 (Rupees Five thousand two hundred fifty) in favour of the complainant No.2 Sanjit Pramanik along with interest @ 9% per annum from 03.05.2018 to till the date of actual payment positively within one month from this date failing which complainant No.2 Sanjit Pramanik shall have liberty to put the order into execution.

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Let a copy of this order be supplied to the complainants as free of cost.

Let a copy of this order also be supplied to OP NO.2 for compliance.  

Dictated & corrected by me

 ............................................

                PRESIDENT

 (Shri   DAMAN PROSAD BISWAS,)                      .................................................

                                                                                                                 PRESIDENT

                                                                       (Shri   DAMAN PROSAD BISWAS,)               

I  concur,

                                                                                                .............................................                                        

          MEMBER                                                                          

(NIROD BARAN ROY CHOWDHURY)