Hon’ble Mrs. Rumpa Mandal, Member.

The case arises out of a complaint under section 12 of the C.P. Act, 1986. The pith and substance of the Complainant’s case is that the Complainant Sri Tapash Sarkar has purchased 4(Four) certificates in number, the description of which has been given in the complaint. The said certificates were matured on 23.10.2019.

Subsequently, on maturity, on being approached by the Complainant, O.Ps failed to make payment of amount of maturity. Despite filing written complaint by the Complainant on 10.01.2020 with the O.P. No.1 he did not receive any positive response and finally he was compelled to file the written complaint before this Commission this case praying for the relief.

After receiving the summons the O.Ps did not contest this case by filing written version evidence on affidavit and written argument.

The O.Ps were absent without taking any steps since long time. They did not turn up before this Commission to contest the case further.

Accordingly, the case has been heard ex-parte.

DECISIONS

During argument the Ld. Counsel for the OP did not file any written argument and did not appear before this Commission for the argument as the matter has been heard ex-parte. The O.Ps did not raise any dispute about the purchase of certificates by the Complainant from them. The said certificates were matured and these were also not disputed.

After perusing the entire case record and the documentary evidence filed by the Complainant through evidence on affidavit, the original certificates and the self attested copies of the Post Office savings books it stands proved that the Complainant is a consumer under the C.P. Act and he had made investment with O.Ps. So he should not be deprived of the returns from his investment.

It is also proved that on maturity of his investment the Complainant did not get back his return on maturity money.

The OP could not lead any evidence to discard the evidence of the Complainant in as much as the case is heard ex-parte.

Thus after assessing the pleading of the Complainant and the unchallenged documentary evidence adduced before this Commission it stands well proved that the Complainant is entitled to get the relief prayed for as the matter is heard ex-parte.

In the result the case succeeds ex-parte.

Hence, it is

Ordered

That the instant case be and the same is allowed ex-parte against the O.Ps.

The O.Ps are directed to pay a sum of Rs.81,208/- with interest @ 6% per annum from the date of  passing this order till the date of recovery of the entire amount to the Complainant. The O.Ps are also directed to pay the said decretal amount of Rs.81,208/- together with the interest @ 6% per annum, Rs.50,000/- for mental pain and agony, deficiency in service Rs.50,000/- and litigation cost of Rs.10,000/- to the Complainant within 15 days of passing this order in default the Complainant shall be entitled to get an interest @ 6% per annum on the entire decretal money from the date of passing the order till the date of realization of the decretal amount.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order be also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.