F I N A L  O R D E R  /  J U D G E M E N T

Mrs. Babita Chaudhuri, Hon’ble Member:- This is an application under section 35 of the Consumer Protection Act, 2019 filed by the complainant/petitioner, Tribhuwan Shaw against the Opposite Parties named above alleging the deficiency in service on the part of the Opposite Parties.

That this complainant, Tribhuwan Shaw opened a Recurring Deposit Account vide A/c No. 15855102941, Pass Book No. 274000299172 under the scheme of the OPs on 06/06/2014 for a tenure of 72 months on monthly installment basis @ Rs.1,500/- per month and after expiry of said tenure i.e. after 72 months complainant would get a total redemption value of Rs.1,46,400/- only as per said recurring deposit. Thereafter, complainant paid 30 consecutive monthly installments up to 19/12/2016 and accordingly paid a total amount of Rs.45,000/- out of said 72 monthly installments into the company of the OPs.

That after expiry of said redemption period of 72(seventy two) months complainant went to deposit his all the original papers and documents relating to the said investment to the office of the OPs but they did not receive the same and assured the complainant that after few months they will call the complainant for issuing cheque in his favour for said redemption amount according to installments paid by the complainant after deducting the penalty charges for not depositing last 42 (forty two) monthly installments. But, day after day passed, Opposite Parties by mal-activities harassed the complainant.

After that complainant sent Notice to the OPs through speed post on 19-10-2020 which has been revealed from postal track report that the said notice has been delivered upon the OPs but OPs did not turn up.

Under such circumstances as mentioned above, complainant compelled to file this case before this Ld. Commission and praying for refund the redemption value as paid by the complainant amounting to Rs.45,000/- only (Rs.1,500/-X30) in the said recurring account along with interest @ 10%  from the date of investment till realization in full and complainant has also prayed before this Commission to pay compensation amount of Rs.50,000/- for mental harassment, mal-activities  and Litigation Cost of Rs.40,000/- only.

Notices of this case were duly served upon the OPs. OPs have filed W/V denying all the material allegations filed by the complainant in the petition of complaint and OPs have also praying for dismissal of the instant case for non-submission of documents and KYC from the end of the complainant but on account of no further steps taken from the end of the OPs and also on account of absence from the end of the OPs at the stage of hearing of argument, the instant case considered and heard only on behalf of the complainant. As such, the instant case has been proceeded as ex-parte against all the OPs.

POINT(S) FOR DECISION

Is the complainant entitled to get relief as prayed for?

EVIDENCE ON RECORD

          In support of his case the complainant filed Written Examination-in-Chief supported by affidavit and BNA and he has also filed all relevant documents in support of his case.

          OPs have filed W/V but no other steps have been taken from the end of the OPs.

DECISION WITH REASONS

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

It appears that in his evidence, the complainant has fully corroborated his case of the petition of complainant and the documents filed by him also lend support to the case of the complainant.

It also appears from the materials of the case record that though complainant filed W/V but no further steps has been taken by the OPs and because of not contesting the instant case any further by the OPs, proved the case of the complainant as all the above oral and documentary evidence went unchallenged and there is nothing to disbelieve the case of the complainant, which proved as ex-parte against all the OPs.

          In view of the above discussions and findings the case succeeds.

          Hence, it is, accordingly,

O R D E R E D

          That Complaint Case being No. 220 of 2020 be and the same is allowed ex-parte against all the OPs with costs.

          The complainant/petitioner is entitled to get relief as prayed for. OPs are hereby directed to pay a sum of Rs.45,000/- only as redemption amount along with interest @ 9% in favour of the complainant within 30(thirty) days from the date of this order.

The OPs are further directed to pay a sum of Rs.10,000/- only in favour of the complainant as compensation for causing physical and mental harassment and also to pay a sum of Rs.5,000/- as cost of legal proceeding of the instant case within 30 (thirty) days from the date of this order.

          The complainant is at liberty to put the final order into execution after expiry of the appeal period.

          Supply the copies of the order to the parties, free of cost.

Dictated & Corrected by me

    (Mrs. Babita Chaudhuri)

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