A. K. BHATTACHARYYA

The complainant’s case, in short, is that he deposited in total Rs. 2,10,000/- in the Office of Op Party no. 1 in the year 2012 through the OP no. 4 being the agent of the Mangalam Agro Products Ltd. with regard to fixed deposits by issuance of five certificates having maturity date – Sept. 2013 of each certificate.  The OP no. 1 received all the original certificates from the complainant for making payment of the same after maturity date and issued acknowledgement slips accordingly.  But the OP no. 1 and others did not pay any amount as per those five certificates to the complainant in spite of reminders verbally and in writing, hence the instant case for relief against the OPs.

It is to be noted that the OP no. 2 did not appear and contested this case despite receiving the notice and that the registered notices sent to the OP no. 1, 3 and 4 have been returned back by postal dept. with remark ‘left;.  After that notices in respect of OP no. 1, 3 and 4 were published through newspaper.  But thereafter the said OP no. 1,3 and 4 did not appear to contest the case after getting reasonable time.  As such, this case was taken up for ex-parte hearing against all the OPs.

Heard the ld. Advocate for the complainant at length over the ex-parte hearing of the instant case.

We have gone through the pleading of the complainant supported by affidavit and also seen photocopies of documents filed on record.

The photocopies of 5 N.O.D. certificates issued by the OP’s Finance company (Mangalam Agro Products Ltd.) in favour of the complainant dt. 21/09/2012 and 28/09/2012 on record go to show that after acceptance of total Rs. 2,10,000/- from the complainant, the said company issued certificates with maturity value in total of Rs. 2,39,000/-.

The photo copies of Acknowl.edgement slip issued by OP no. 1 filed on record by the complainant as per list dt. 22-04-2014 in respect of 4 (four) policy no. LIS0253102, LIS0256539, LIS0256525 and LIS0256533 for total payable amount of Rs. 1,82,400/- for those 4 policies indicate that the Office of OP no. 1 received the aforesaid 4 policy certificates (fixed deposits) from the complainant on 09-09-2013 for making payment on 21-12-2013 and 28-12-2013.

It is important to note that the complainant has failed to produce any Acknowledgement slip in respect of policy certificate no. LIS0256514 dt. 28-09-2012 having maturity value of Rs. 57,000/- to show that he submitted the same before the OP no. 1.

It is found from the material on record as also from the discussions as made above that the OP no. 1, 2 and 3 did not make any payment of those 4 matured policy certificates as mentioned above in spite of receipt of the said four policy certificates amounting to total value (matured) Rs. 1,82,400/- to the complainant even after several requests.  Apart from that the OPs have not contested the case by disputing the above claim amount in spite of service of notice upon them.

That being the position, we find that there is deficiency in service on the part of the OP no. 1,2 and 3 for non-payment of the above amount of Rs. 1,82,400/- to the complainant.

In our considered view, therefore, the complainant is entitled to get Rs. 1,82,400/- together with compensation of Rs. 30,000/- and litigation cost of Rs. 3,000/- from the OP no. 1,2 and 3 severally and jointly.

Hence, it is

ORDERED

that the instant case be and the same is allowed ex-parte against the OP no. 1,2 and 3, but it is dismissed on ex-parte against the OP no. 4 being the agent of the aforesaid company.  The OP no. 1,2 and 3 are directed severally and jointly to pay Rs. 1,82,400/- together with Rs. 30,000/- as compensation and litigation cost of Rs. 3,000/- to the complainant within 30 days from the date of communication of this order upon them, in default, the complainant shall have the liberty to execute this order according to law in which case, interest @ 9% shall be imposed upon the said total amount of Rs. 2,14,400/- payable by the OP no. 1,2 and 3 severally and jointly till compliance of this order in toto.