Date of filing :    11.09.2018.

Decided on        :    04.06.2019.

JUDGEMENT

Banani Mohanta (Ganguli), Member – This consumer complaint under section 12 of the C.P. Act has been filed by the complainants namely Smt. Shibani Ghorai and Ashoke Ghorai against the above named O.Ps. alleging deficiency in service on their part.

           Complainants’ case, in brief, is as follows :-

        Amulya Kumar Ghorai, since deceased, the father of the complainants, during his life time on 17.08.2011 purchased two Orchard Bonds Certificates vide nos. i) O/08/11/006953 and ii) O/08/11/006952 of Rs. 1,00,000/- each from the O.P. Companies and as per the said Bonds the father of the complainants would get the redemption value of Rs. 3,36,800/- (Rs. 1,68,400 X 2) of those two Bonds after the expiry of 72 months from the date of purchase on 17.08.2011 from the Opposite Parties.

        After expiry of said redemption period of 72 months, the father of the complainants went to deposit all documents regarding such bonds with the O.Ps. for payment of redemption value but the O.P. no.-1 did not receive the same and he assured that after few months they will call him for issuance of cheque of such redemption value. Unfortunately on 16.01.2018, said Amulya Kumar Ghorai, the father of the complainants, died on 16.01.2018 and then the complainants, being the legal heirs of their father, sent letters on 09.06.2018 to the O.Ps. by speed post and requested them to pay the total redemption amount of Rs. 3,36,800/- of those two bonds to them but the O.Ps. did neither give any reply to such letter nor did they pay any amount of such redemption value of those two bonds. Hence the complaint, praying for directing the O.Ps. to pay the complainants the redemption amount of Rs. 3,36,800/- of those two bonds with interest and for an order of compensation and cost.

        All the three O.Ps. were duly served with notice of this case but they did not appear to contest this case, for which the case was ordered to be heard exparte against them. Hence the exparte hearing.  

POINT FOR DECISION

            Are  the complainants  entitled to get the reliefs, as prayed for?

DECISION WITH REASONS

To prove their case, the complainant no. 2 Sri Ashoke Ghorai has tendered his written examination-in-chief supported by affidavit in evidence and the complainants have also produced all relevant documents relating to their such case of the complaint.

In his evidence the complainant no. 2 Sri Ashoke Ghorai has fully corroborated the case of the complaint in material particulars and the documents filed by the complainants also lend support to the case of the petition of complaint. So in view of the said evidence of the complainants and the documents filed by them, remaining unchallenged, it is held that the complainants’ case is proved and they are entitled to get the reliefs as prayed for.

Hence,

          it is,

                   O R D E R E D

that the Complaint Case No. 335/2018 is allowed exparte with cost against all the O.Ps. O.Ps. are jointly and severally directed to pay to the complainants a sum of Rs. 3,36,800/- towards the redemption value of those two Orchard Bonds Certificates with simple interest @ 6% per annum with effect from the date of filing of this case till realization. They are further directed to pay Rs. 10,000/- as compensation and Rs. 5,000/- as litigation cost to the complainants.

All such payments shall be made within two months from this date of order.

Let a plain copy of this order be given to the complainant free of cost.

Dictated and corrected by me. 

(Banani Mohanta (Ganguli)                                           

                Member,                                                                              

                   D.C.D.R.F.Howrah.