FINAL ORDER / JUDGEMENT

The complainant’s case is regarding deficiency of services and unfair trade practices meted out to the Complt. by the O.P.s. The Complt. invested an amount of Rs. 1,000/- per month under Recurring Fixed Deposit into the company of the O.P.s for 60 months (details have been mentioned in Annexure A in the petition by the Complt.) provided by the O.P.s. The Complt. paid 38 consecutive monthly instalments up to dated 28.02.2017 and paid a total amount of Rs. 38,000/-. According to the terms and conditions, after the term of 60 months, the Complt. would get a redemption of Rs. 77,700/-.To avail the same, after expiry of the said tenure, the Complt. had wanted to  submit all her original documents to the O.P.s. The O.P.s did not receive it. The O.P.s assured to inform the Complt. after issuance of cheque in his favour, after deducting the penalty charges for not depositing last 22 installments. As mentioned in Annexure B, the Complt. sent letter to the O.P.s, requesting them to pay him the redemption amount, but till date not a single penny has been received by the Complt. The Complt. alleges severe harassment, mal-activities, financial negligence, agony and violation of human rights against the O.P.s. Thus the Complt. prays to this Commission for:

1. Compensation of Rs. 50,000/- from the O.P.s for deficiency in services, mental harassment and financial negligence.
2. An order directing the O.P.s to pay the redemption amount of Rs. 77,700/- to the Complt., after deducting the penalty charges of Rs. 22,000/- as per terms and conditions mentioned in the scheme, along with interest from the date of maturity till realization of the full amount.
3. Direction to the O.P.s to pay simple interest upon all dues from the O.P.s till realization of such amount.
4. Litigation cost of Rs. 20,000/-
5.  Other reliefs

Point for decision

Is the complainant entitled to get the relief as prayed for?

Decision with reasons

                To prove her case Complt. has tendered her written examination-in-chief supported by evidence on affidavit and she has also filed photocopies of all relevant documents in support of her case.

                 We have gone through the said evidence of the Complt.and the documents filed by her.

                It appears that in his evidence the Complt. has fully corroborated her case of the petition of the complaint and the documents filed by him also lend support to the case of the Complt. So in view of the said evidence of the Complt. and the documents filed by her, remaining un-challenged, it is held that the Complt.’s case is proved and she is entitled to get the reliefs as sought for.

Hence,

                            It is,

                                          ORDERED

That the instant case no. 55/2020  is allowed ex-parte with cost against the O.P.s

        O.P.s are directed to pay the redemption amount of Rs. 77,700/- after deducting the penalty charges of Rs. 22,000/-  to the Complt. as per terms and conditions mentioned in the scheme, along with interest @6% from the date of maturity of the said scheme till realization of the full amount.

        O.P.s are categorically directed to pay compensation of Rs. 20,000/- to the Complt. for mental harassment and financial negligence.

         O.P.s are also directed to pay Rs. 5,000/- as litigation cost to the Complt.

        All such payments shall be made within 45 days from the date of this order.

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

 Dictated and corrected by me.

Sankar Kumar Ghosh

President, D.C.D.R.C.

Howrah.                   

                                 Babita Chaudhuri         Sankar Kumar Ghosh

                                         Member                            President

                                 D.C.D.R.C., Howrah          D.C.D.R.C., Howrah