F I N A L O R D E R / J U D G E M E N T
The complainant’s case is regarding deficiency of services and unfair trade practices meted out to the complainant by the OPs. Complainant opened a Recurring Deposit Account on 22/11/2014 under the scheme of OPs for a period of 48(forty eight) months and of which mode of payment was Rs.3,000/- per month and after expiry of said tenure of i.e. after expiry of 48(forty eight) months of said Recurring Deposit Account complainant would get redemption value of Rs.1,74,390/- only from the OPs (details of which has been mentioned in Annexure ‘A’ in the petition by the complainant). Thereafter complainant paid 24(twenty four) consecutive monthly installments up to 29/11/2016 and accordingly complainant paid Rs.72,000/- (Rs.3,000/- X 24) only and after expiry of said tenure of 48(forty eight) months of such Recurring Deposit Account complainant went to deposit his all the original papers and documents relating to said investment to the OPs. OPs denied to receive the same but assured to issue a cheque in his favour after few months. As mentioned in Annexure ‘B’, the complainant sent letter to the OPs, requesting them to pay his due but till date not a single penny has been received by the complainant. The complainant alleges severe harassment, mal-activities, financial negligence, agony and violation of human rights against the OPs. Thus, the complainant prays to this Commission (formerly Forum) for: -
- Compensation of Rs.50,000/- (fifty thousand) from the OPs for mental harassment and financial negligence.
- Direction to the OPs to refund the redemption amount according to installments paid by the complainant i.e. total amount of Rs.72,000/- only with interest @ 10% per annum from the date of investment till realization of such amount.
- Simple interest upon all dues from the OPs till realization of such amount.
- Other reliefs.
OPs have filed W/V denying all material allegations and contented inter alia that: -
The instant case is not maintainable according to law or in fact and because of an embargo for making payment passed by Hon’ble Supreme Court and also for non submission of original documents as well as KYC from the end of the complainant, the complainant is not entitled to get any relief and as such, OPs have prayed for dismissal of the present case with costs.
It may be noted that as per materials on record complainant filed examination-in-chief against the written version of OPs and complainant also filed BNA.
On the other hand, OPs did not file any evidence on affidavit and non-taking of further steps from the end of the OPs, the instant case has been proceeded ex-parte against the OPs.
POINT FOR DECISION
Is the complainant entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
On close scrutiny from the materials on record, it reveals that the complainant is a consumer under Section 2(i)(d)(i)(ii) of the C.P.Act, 1986 to the OPs.
To prove her case complainant has tendered her written examination-in-chief supported by evidence on affidavit and BNA and she has also filed photocopies of all relevant documents in support of her case whereas OPs filed W/V but did not file evidence on affidavit and as such contents of W/V of OPs bear no legal value and we cannot place reliance upon the contents of W/V of OPs.
We have gone through the said evidence of the complainant and the documents filed by her.
It appears that in her evidence, the complainant has fully corroborated her case of the petition of the complaint and the documents filed by her also lend support to the case of the complainant. So, in view of the said evidence of the complainant and the documents filed by her, remained un-challenged and thus, it is held that the complainant’s case is proved and she is entitled to get the reliefs as sought for.
Hence, it is,
O R D E R E D
That the instant case being No. 279 of 2020 be and the same is allowed ex-parte against all the OPs with costs.
OPs are directed to refund the redemption amount according to installments paid by the complainant i.e. Rs.72,000/- only to the complainant as per terms and conditions mentioned in the scheme along with interest @ 6% from the date of maturity of the policy in question till realization of the full amount.
OPs are categorically directed to pay compensation of Rs.10,000/- to the complainant for mental harassment and financial negligence.
OPs are also directed to pay Rs.8,000/- as litigation cost to the complainant.
All such payments shall be made within 45(forty five) days from the date of this order.
Let a free copy of this order be given to the complainant and OPs free of cost.
Dictated & Corrected by me
(Mr. Sankar Kumar Ghosh)
President, DCDRC, Howrah
