This case has been filed U/s.12 of the Consumer Protection Act, 1986 filed by the complainant that after his retirement got an appointment on 9.6.2014 in the opposite parties’ company as a Staff Supervisor in their Bandel Branch under the Branch Manager of Bandel Branch, Muthoot Finance Ltd. bearing Employee no. DM-19006, terminated on 30.9.2016 from the job and the opposite party no. 1 is well aware at the time of termination from the job and there was a due of Rs. 46,112/-. Though after receiving demand notice dt. 19.7.2018 (posted on 21.7.2018); opposite parties’ office cleared only 15 days salary along with an amount of Interest, not paying the bonus amount of Rs. 26,000/- which is still persisting.

                The complainant also states that in the meantime the complainant already intimated the matter for non-paying of Bonus amount of Rs. 26,000/- on 20.8.2018, but till today opposite parties’ have not been given single response to the complainant and even simultaneously he send the notices through his ld. Advocate one after another which they ignored intentionally and thereafter some hooligans like people introducing themselves as the so-called staffs of Chandannagar and Chinsurah Branch, intimated themselves as the Branch Managers of Chinsurah & Chandannagar Branch coming into complainant’s residence and threatened the complainant and his old ailing spouse with dire consequences on 8^th February, 2019 at about 12:00 noon and gave him ultimate that if he tried to take any legal step against the opposite parties and in this regard they will teach them a good lesson for ever and it may draw the end of their life span also and it is to be better for him to forget the said same Bonus amount of Rs. 26,000/-.

            The complainant also states that in this situation having no way the complainant sent the legal notice again through his ld. Advocate on 9.2.2019 (posted on 13.2.2019) to clear his legitimate claim which he is entitled to receive as an ex-employee as well as Staff Supervisor of Bandal Branch and by way of depriving the complainant of the said facilities the complainant has suffered a financial loss of Rs. 26,000/- and thereby they are also put to suffer worries and anxieties calculated at Rs. 75,000/- along with interest thereon and also the opposite parties are liable for the cost of services and compensation to the tune of Rs. 1,01,000/- only and the cause of action arose on and from 30.9.2016, thereafter on and from the month of October, 2016 – June, 2018, 19.7.2018/21.7.2018, 20.8.2018, 8.2.2019, 9.2.2019/ 13.2.2019 and still it is continuing by the opposite parties and whereby the complainant demanding to cure the deficiencies in service agreed to be provided by the opposite parties which continues till date.

Complainant filed the complaint petition praying direction upon the opposite parties to pay sum of Rs. 26,000/- as bonus amount and direction upon the ops especially the op no. 1 for an order and to pay a sum of Rs. 26,000/- along with accrued interest for the value of the services and to pay a sum of Rs. 75,000/- as compensation and to pay the cost of the case and to pay any other relief/relieves which the complainant is entitled according to law.

Issues/points for consideration

1. Whether the complainant is the consumer of the opposite party or not?
2. Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3. Whether there is any deficiency of service on the part of the opposite party?
4. Whether the complainant is entitled to get relief or not?

DECISIONS WITH REASONS

All the points are taken together for easiness of the discussions of this case.

1. In the light of the discussion hereinabove and from the materials on record, it transpires that the complainant is a Consumer as provided by the spirit of Section 2 (1) (d) (ii) of the Consumer Protection Act, 1986, the complainant here in is a consumer of the opposite party.
2. Both the complainant and the opposite party are residence/having their office addresses within the district of Hooghly. For mental agony and other expenses which is within Rs. 20,000,00/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
3. The complainant states that after his retirement he got an appointment on 9.6.2014 in the opposite parties’ company as staff supervisor in their Bandel Branch under the Branch Manager of Bandel Branch Muthoot Finance Limited bearing Employee no. DM-19006 terminated on 30.9.2016.

The disputes cropped up when the complainants job is terminated on 30.9.2016. at the time of termination there was a due of Rs. 46,112/- ( forty six thousand one hundred twelve) only in total in which 15 days salary (as per computer statement on October, 2016 Rs. 14,449/- (fourteen thousand four hundred forty nine) only plus bonus Rs. 26,000/- (twenty six thousand) only plus interest 8% (from October, 2016 to June 2018 i.e. for 21 months) Rs. 5663/- (five thousand six hundred sixty three). The complainant states that the opposite parties cleared only 15 days salary along with an amount of interest to the complainant but the opposite parties did not pay the bonus amount of Rs. 26,000/-. The complainant already intimated the matter for nonpayment of bonus amount of Rs. 26,000 on 20.8.2018. But, till today the opposite parties have not given any response to the complainant. The complainant sent notices through his ld. Advocate one after another but the opposite parties intentionally ignored the complainant’s notices. The complainant contends and states that thereafter some hooligans introducing themselves to be the staffs of Chandannagore and Chinsurah Branch came to the residence of the complainant at Ramalaya Nature Akunji Bagan Lane P.O. & P.S. Chandannagore threatened both the complainant and his wife with dire consequences on 8^th February, 2019 at about 12:00 p.m. and threaded the complainant by saying that if the complainant tried to take any legal steps against the opposite parties the opposite parties will teach them a good lesson and also states that if the complainant forget the said bonus amount of Rs. 26,000/- it will be better for the complainant.

The complainant states that having no other alternative the complainant has come before the ld. Forum by filing the instant case. As there is defect and deficiency of service as well as unfair trade practice on the part of the opposite parties by depriving the complainant from the said facilities and thus the complainant has suffering a financial loss of Rs. 26,000/- and also prays for an order directing the opposite parties especially the opposite party no. 1 who is the insuring authority of said amount to the complainant for the value of the services amounting to Rs. 26,000/- along with accrued interest thereon. The opposite parties are further directed for the worries and anxieties at the tune of Rs. 75,000/- only as compensation in favour of the complainant.

In this connection to prove this case some documents have been filed by the complainant;-

1. One photocopies of letter of ld. Advocate for addressing to the Regional Manager, Muthoot Finance ltd.
2. Complainant files evidence on affidavit.

After perused the record this Forum observed that the complainant files this case before the ld. Forum but the complainant did not annexed any documents in respect of his pay schedule clearly. But replying upon the complainant and lawyers’ letter this Forum pursued an order after hearing the ex parte order.

Due to such conduct of the opposite parties the complainant have been subjected to harassment and also put to suffer worries and anxieties and also suffers a financial loss of Rs. 26,000/- and the complainant therefore calculated Rs. 75,000/- for anxiety and along with interest thereon and the complainant accrued prays for an order directing the opposite parties specially the opposite party no. 1 who is the issuing authority to pay the said amount as prayed by the complainant.

It reveals from the case record that despite appearing the Forum opposite party nos. 1 to 4 appeared and failed to file W/V and the instant case proceeds ex parte against them.

It also appears from the case record that the complainant files evidence on affidavit but did not submit BNA and therefore the case taken up for final hearing.

It is clear from the case record that opposite parties avoid to pay the bonus amount of Rs. 26,000/- and till today opposite parties have not been given single response to the complainant.

Being aggrieved the complainant have come before the Forum with a prayer to direct the opposite parties to adjudicate the mal practice of opposite parties who illegally and intentionally not paid the bonus amount of Rs. 26,000/- to the complainant.

After perusing the case record it appears that the complainant has not filed any agreement in support of his claim. There is also no clarification why the payment schedule has not been mentioned. The complainant has filed petition of complaint for his claim and he has also submitted one Advocate’s letter addressing to the opposite parties but mere submitting a complaint and Advocate’s letter is not sufficient to prove the claim of the complainant. The relevant documents like bill agreement and payment salary structure which are the basis to prove the claim of complainant has not been filed. Thus, the complainant has failed to prove deficiency of service on the part of the opposite parties and this petition has no leg to stand.

So, this Forum is in the opinion that the instant case of the complainant has no leg to stand as such it is deserved to be dismissed.

Hence,

it is

ordered

that the complaint case be and the same is dismissed  and no order as to cost.