In the District Consumer Disputes Redressal Forum,                     Murshidabad at Berhampore.

Case No. CC/145/2014

Date of filing: 07 /11 /2014                                                                     Date of Final Order: 23/06/2015

 Babar Sk. S/O- Late Sahajan Sk.,

 9 No. Biren Mazumdar Lane, P.O.- Khagra.

 P.S.- Berhampore.

 Dist- Murshidabad, PIN.-742103.(W.B.)………………………………………………………...Complainant                            

                                                  Vs

 The Branch Manager, Togo Retail Marketing Ltd.

Having its Branch Office at Chuanpur Near Gobinda Bhawan.

P.O.& P.S.- Berhampore, Dist. Murshidabad.PIN.-742101.……………………….   Opposite Party

Mr.Abhijit Sarkar, Ld. Advocate…………………………………………………for the Complainant.

Ex-parte against the OP

                      Present:   Hon’ble President, Anupam Bhattacharyya.           

                                        Hon’ble Member,  Samaresh Kumar Mitra.           

FINAL ORDER

Samaresh Kumar Mitra, Presiding Member:

                The simple version of this complainant as enumerated in the complaint is that the complainant deposited a sum of Rs.300/- per month before the OP for getting a sum of Rs.12,327/- for the investment of 36 equal installments on the date of maturity i.e. on/after 10.12.2013. After the maturity the OP refused to give the maturity amount i.e. Rs.12,327. That the complainant many a time went to the office of the OP and requested to refund his maturity amount but the OP did not pay hid which is deficiency of service on the part of the OP. For getting such matured amount the complainant getting no alternative filed the instant complaint for redressal as prayed for in the prayer portion of the complaint.

                The sole OP received notice on 26.11.2014 and the acknowledgement card received by this Forum thereafter. That on 9th February,2015Ld.Advocate Sri Sougata Biswas of Berhampore Bar appeared on behalf of the sole OP and prayed for time  for filing Written version and Vokalatnama. The Ld. Forum pleased to allow time for filing the same. Thereafter the OP did not put its appearance on 20.03.2015 for which this forum directed to hear ex- parte hearing on 29.04.2015 .After elapsing 04.5.2015&15.05.2015  the complainant filed evidence on affidavit and advanced argument ex-parte.   

From the discussion herein above, we find the following Issues/Points for consideration.

ISSUES/POINTS   FOR   CONSIDERATION

1).    Whether the Complainant Babar Sk. ‘Consumer’ of the opposite party?

2).    Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?

3).  Whether the O.P. carried on unfair trade practice/rendered any deficiency in service towards the Complainant?

4). Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?

5).  Whether the complainant is entitled to relief(s)as prayed for?

                                                     DECISIONS WITH  REASONS

                    In the light of discussions herein above we find that the following issues/points should be decided based on the above perspectives.

  1).Whether the Complainant Babar Sk. ‘Consumer’ of the opposite party?

                  From the materials on record it is transparent that the Complainant is a “Consumer” as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986. As the complainant herein being the customer of OP is entitled to get service from the OPs.

 (2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?

                Both the complainant and opposite party are residents/carrying on business within the district of Murshidabad and cause of action took place at Berhampore, Murshidabad. The complaint valued at Rs.12,327/-+ Intt.@15% andRs.10,000/as compensation and Rs.3000/- as cost ad valorem which is within Rs.20,00,000/-limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.   

    (3).Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?

              After perusing the Complaint Petition, Evidence on Affidavit and also the documents as filed by the complainant and hearing the argument as advanced by the agent of the complainant it appears that the  complainant deposited a sum of Rs.300/- per month from 10.1.2011 in 36 installments till 31.10.2013 and the money deposited amounting to Rs.10,800/-. And as per the Xerox copy of document as produced by the complainant that the name of the card holder is Babar Sk., Nominee-Kamal Saikh, Installment Amount- Rs.300/- each, date of opening is 24.12.2010 and closing date is 24.11.2013 in which the complainant put his signature on revenue stamp and there is seal & sign of authorized signatory of the OP . From this document we can come into this conclusion that the complainant deposited the Rs 10,800/- in 36 equal installments of Rs.300/- each. But it is not clear whether the complainant received the said matured amount from the OP. The complainant by filing affidavit demanded that he did not receive the matured amount till date and as the OP did not entertaining the complainant so this complainant getting no alternative filed the instant complainant for getting matured amount including interest @15% and compensation & cost. The complaint petition is unchallenged as the sole OP did not file his/ her written version, so the proceedings run ex-parte against the OP. The complainant invested such money in good faith for getting handsome money from the OP in moderate rate of interest. And after the maturity the OP did not return the maturity value to this complainant for which this complainant getting no alternative knocked the door of this Forum for redressal as prayed for in the prayer portion of the complaint.               And after the maturity the OP did not return the maturity value to this complainant for which this complainant getting no alternative knocked the door of this Forum for redressal as prayed for in the prayer portion of the complaint.  The complainant after the expiry of the period as fixed earlier approached the OP for getting the matured sum but the OP did not showed good gesture upon the complainant. As such the OP is deficient in providing service to this complainant and he/she is also in charge of unfair trade practice. So the demand of the complainant is valid, cogent and at per but not excessive or exorbitant. So the complainant is entitled to get Rs.12,327/- including interest @ 10% per annum since date of maturity till the realization and compensation amounting to Rs.5000/- and litigation cost of Rs.3000/- from the OP within a period of 30 days from the passing this order.

4.  Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?

            The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant is able to prove his case. So, the Opposite Party is liable to compensate the Complainant as we deem fit and proper.

5. Whether the complainant is entitled to relief(s) prayed for?

       As it is already proved in the discussion at point No. 3, the deficiency in service and unfair trade practice adopted by the Opposite Party cannot be ousted and as such the Complainant is entitled to get relief(s).

ORDER

        Hence it is ordered that the complaint be and the same is allowed ex-parte against the Opposite party, with litigation cost of Rs.3000/-.

       The Opposite party is hereby directed to pay the amount of Rs.12,327/- including interest @ 10% since the date of maturity till date and compensation of Rs.5,000/- for mental pain & agony to this complainant within 30 days from the passing this  final order. No other relief (s) is awarded to the complainant.

        At the event of failure to comply with the order the Opposite Party shall pay fine @Rs.50/- for each day’s delay, if caused, on expiry of the aforesaid 30 days by depositing the accrued amount, if any, in the Consumer Legal Aid Account.

          Let plain copy of this order be made available and be supplied, free of cost, to the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgement/ be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.

 Dictated and Corrected by me.

      Member,                                                                          President,

   District Consumer Disputes                                                   District Consumer Disputes                                            Redressal Forum, Murshidabad.                                            Redressal Forum, Murshidabad.