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

Case No. CC/70/2015

Date of filing: 04 /06 /2015                                                                  Date of Final Order: 28/1/2016

I). Jayanta Kumar Das S/O- Late Shiben Kumar Das,

2)Barnali Das W/O- Jayanta Kumar Das.

Both residing at Pilki Balagachi.

P.O.& P.S.- Berhampore.

 Dist- Murshidabad, PIN.-742101.(W.B.)………………………………………………………...Complainants                           

                                                  -Vs-

 The Branch Manager, Togo Retail Marketing Ltd.

Berhampore branch,Having its  Office at Panchanantala near Maya Rani Petrol Pump.

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

Mr.Debmalya Dutta. Ld. Advocate………………………………………for the Complainant.

Ex-parte against the OP

                      Present:   Hon’ble President, Anupam Bhattacharyya.           

                                        Hon’ble Member, Samaresh Kumar Mitra.           

                                        Hon’ble Member, Pranati Ali.           

FINAL ORDER

Samaresh Kumar Mitra, Presiding Member:

                The simple version of the complainants as enumerated in the complaint is that the complainants and deceased Shiben Kumar Das deposited money to the OP on different dates on different schemes as they were assured by the OPs that they will be benefited other than any nationalized banks and other financial institutions if they deposit money before the OPs. The issued certificates in respect of deposited money before the OPs were matured in the year 2013 &2014 and the matured amount was Rs.6,94,916.00 copy of which is annexed with the case record. After maturity the complainants and late Shiben Kumar Das several times went to the office of the OP and requested them to refund their maturity amount but the OP did not pit no hid at the request of the depositors. Getting no money from the OP after the maturity the Complainants filed the instant complaint before the Forum for redressal as prayed for in the prayer portion of the complaint.

             The sole OP received notice on 02.07.2015 and the acknowledgement card received by this Forum thereafter. That on 29.6.2015 none appeared and no steps taken on behalf of the OP despite receiving notice as such the proceeding run ex-parte against the OP.              

            Thereafter the complainants filed evidence on affidavit in which they assailed that they deposited the same for getting assured amount on/after the date of maturity. But the OP did not refund the matured amount to these complainants for which the complainant compelled to file this complaint before this Forum for getting direction upon the OP to pay the matured amount of Rs.6,94,916.00  and to pay a sum of Rs.30,000/- as compensation and Rs.10,000/- as litigation cost.

               The agent on behalf of the complainants advanced argument in ex-parte and it is heard in full and fixed next date on 28.1.2016 for passing Final Order.        

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

ISSUES/POINTS   FOR   CONSIDERATION

1).    Whether the Complainants Jayanta Das & Barnali Das ‘Consumers’ 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 their 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 Complainants Jayanta Das & Barnali Das ‘Consumers’ of the opposite party?

                  From the materials on record it is transparent that the Complainants are “Consumers” as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986. As the complainants herein being the customers 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 complainants 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.6,94,916.00/- andRs.30,000/as compensation and Rs.10000/- 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 complainants and hearing the arguments as advanced by the agent of the complainants it appears that the complainants deposited a sum of Rs.4,64,000/- in different schemes like Redeemable Cumulative Preference Shares and Recurring Deposits before the OP. And as per the Xerox copies of documents as produced by the complainant that the name of the card holders are Barnali Das ,Shiben Das & Jayanta Kumar Das ,  in which the complainants put their signatures on revenue stamps and there is seal & sign of authorized signatory of the OP .From this document we are in a view that the complainants deposited a sum of Rs.4,64,000/- in 36 equal installments of Rs.500/- each in an account and Redeemable Cumulative Preference Shares. But it is not clear whether the complainant received the said matured amount from the OP. The complainants by filing affidavit demanded that they did not receive the matured amount till date and as the OP did not entertaining the complainants so these complainants getting no alternative filed the instant complaint for getting matured amounts including interest and compensation & cost. The complainants being the legal heirs of the late Shiben Das also entitled to get investment proceeds of deceased investor. The complaint petition is unchallenged one as the OP did not file his/ her written version, so the proceedings run ex-parte against the OP. The complainants 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 values to these complainants for which these complainants getting no alternative knocked the door of this Forum for redressal as prayed for in the prayer portion of the complaint. The complainants 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 complainants. As such the OP is deficient in providing service to this complainant and he is also in charge of unfair trade practice. So the demand of the complainants is valid, cogent and at per but not excessive or exorbitant. So the complainants are entitled to get Rs.4,64,000/- plus maturity benefit, including interest @ 10% per annum since date of maturity till the realization and compensation amounting to Rs.10,000/- and litigation cost of Rs.4000/- from the OP within a period of 45 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 Complainants are able to prove their 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 Complainants are entitled to get relief(s).

ORDER

                Hence it is ordered that the complaint be and the same is allowed on contest against the Opposite party , with a litigation cost of Rs.4000/-.

              The Opposite party  is hereby directed to pay the amount of Rs.4,64,000/- plus maturity benefit, including interest @ 10% since the date of maturity till date of realization and compensation of Rs.10,000/- for mental pain & agony to this complainant within 45 days from the passing this  final order. No other relief (s) is awarded to the complainants.

        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 45 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.