IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/126/2015
Date of Filing: 08.09.15 Date of Final Order: 27.12.18
Complainant: 1. Najrul Ali, S/O Arman Ali
2. Laila Bibi, W/O Samiruddin
3.Mariyam Bibi,W/O Sadrul Islam
4.Nurnehar Bibi, W/O Sajjad
5. Joly Bibi, W/O Imali Sk
6. Najema Bibi, W/O Laltu Sekh
7. Chaharul Islam, W/O Sarajul Sk
8. Sadrul, S/O Arman Ali
9. Fudan Bewa, W/O Late Aynul Sk
10. Rebina Khatun, D/O Fhudan Bewa
11. Surma Khatun, D/O Kabeja Bewa
12. Imani Sk, S/O Abul Kasem Ali
13. Anjila Bibi
14. Anshri Brahma
15. Sadrul, S/O Arman Ali
16. Moriyom Bibi, W/O Sadrul Islam
17. Minara Bibi, W/O Nazrul Islam
18. Fatema Bibi, W/O Abul Kashem
19. Bewa Saleher, W/O Late Isla,
20. Dali Sekh (Bewa) W/O Late Najim Sekh
all of PO&PS- Bhagawangola
Dist-Murshidabad
Pin-742135
-Vs-
Opposite Party: 1.The Branch Manager
Prayag Branch Office
Jiaganj, Hatibagan, Branch Code-126,
PO & PS-Jiaganj, Dist-Murshidabad,
Pin-742123
2. The Branch Manager
Prayag Info Tech Hi Rise Limited
Regd Office at P-45, Bhupen Roy Road,
Kol-34
Agent/Advocate for the Complainant : Sri. Sougata Biswas
Agent/Advocate for the Opposite Party: Sri. Pranab Kr. Das
Present: Sri Asish Kumar Senapati…………………. .......President.
Smt. Aloka Bandyopadhyay ……………………..Member.
FINAL ORDER
Mrs. Aloka Bandyopadhyay, Member
This is a complaint under section 12 of the CP Act, 1986.
One Najrul Ali & Others (here in after referred to as the Complainant) filed the case against The Branch Manager, Prayag Branch Office (here in after referred to as the OPs) alleging deficiency in service.
The case of the complaint is as follows:
That the OP Company is running the business of money laundering having its Branch Office mentioned in the petition of complaint. That the OP informed the agent and the policy holders that if they deposit their money to the Company (O.P.) they will be benefited. That being assured the Complainants deposited their money as stated in the petition of complaint to OP No.1 in different dates and different scheme and OP No. 2 issued registration certificate against all the investment. That all the certificate started maturing in the month of Sep’13 to July’15. The xerox copy of the above certificate is annexed herewith. That the Complainants many a time went to the office of Op No. 1 to get the refund of matured amount but OP No.1 did not pay any heed to their request and they also visited the office of OP No.2 for the refund of their matured amount but all went in vain. Finding no other alternative, the Complainant filed the instant case for appropriate relief.
OP No.1 filed W/V and OP No.2 has not appeared after service of the notice to contest the case.
OP No.1 has stated in the W/V denying the allegations of the Complainant but ultimately the OP No.1 also did not appeared to contest the case and no evidence on affidavit has been filed by the OPs in this case. So the case preceded ex-parte against them.
Now the question arises whether the Complainant is entitled to get relief as prayed for?
Decision with reason
In this case the Complainant have filed examination in chief on affidavit. But the OPs have not filed any evidence on affidavit and they have not contested the case. So the case has proceeded ex-parte.
On perusal of petition of complaint, W/V by the OP No.1 and examination- in -chief filed on behalf of the complaint and materials on record,it is found that the OPs have not rendered any services at all, as mentioned in the certificate issued by them. From the case record it is found that the case has been admitted after admission hearing.
Considering the Complainants as consumers as OP promised to render the services this instant case has been allowed.
OPs are service providers but failed to provide services as per their terms and condition and the complainants being borrower ofsuch service became consumer of the O.Ps. After filing w/v O.Ps had not appeared , so the case has been heard exparte.
Considering the facts and circumstances of the case and arguments advanced by the Ld. Advocate on behalf of the Complainants, we are of the opinion that there is deficiency of services on the part of the OPs by not providing proper services as per their terms and conditions and the claim of the Complainants are justified and their evidences are ex-parte and it has not been challenged and the Complainants are entitled for relief as per the documents filed by them but no document has been submitted by the Complainant No.7,namely, Chahrul Islam and nothing has been stated about this in the petition of complaint.
Reasons for delay
The Case was filed on 08.09.15 and admitted on 08.10.15. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Complaint case succeeds.
Fees paid are correct, Hence, it is
Ordered
that the Consumer Complaint Case No. CC/126/2015 be and the same is hereby allowed ex-parte against the OPs.
The Ops are directed to pay to
- Najrul Ali- Rs.25,000/-
- Laila Bibi- Rs. 10,000/-
- Mariyam Bibi- Rs. 27,000/-
- Nurnehar Bibi- Rs. 10,000/-
- Joly Bibi- Rs. 40,000/-
- Najema Bibi- Rs.20,000/-
- Sadrul- Rs.4,000/-
- Fudan Bewa- Rs.4,000/-
- Rebina Khatun- Rs.4,000/-
- Surma Khatun- Rs.10,000/-
- Imani Sk.- Rs.1,000/-
- Anjila Bibi- Rs.,800/-
- Anshri Brahma - Rs.-3,000/-
- Minara Bibi- Rs.25,000/-
- Fatema Bibi- Rs.4,000/-
- Bewa Saleher- Rs.6,000/-
- Doli Sekh (Bewa)- Rs.15,000/-
The OPs are further directed to pay a compensation of Rs. 1000/- to each of the complainant and a litigation cost of Rs 5000/-only to the complainants.
All such payment shall be made within 3 months from the date of this order failing which the compliant are at liberty to file the execution.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member President.
