SMT. BANDANA ROY, PRESIDENT

In short, case of the Complainant is that she invested a sum of Rs. 23,400/- by 18 installments in the Swarna Sanchay Scheme of the OPs for 2 years. But suddenly the Ops stopped collection of the installments after receipt of 18 installments. After few days the office of the OP was found under lock and key. In the meantime the scheme matured on 05.04.16 for gold jewelry worth of Rs. 50,400/-. The OPs did not return the deposited amount of Rs 23,400 nor any interest thereon till date. Hence, this case has been filed with prayer for a direction upon the ops to refund the deposited amount of Rs. 23,400/- with interest @ 10% per annum from 05.04.2016 and other reliefs.

Summons were served upon both the Ops, but neither of them turned up to contest the case. Hence, the case is heard ex parte against the OPs.

        Point to be considered in this case is whether the case is maintainable and (2) whether Complainant is entitled to the relief(s) sought for by the complainant.

Decision with reasons

            Both the points are taken up together for consideration for the sake of convenience.

            We have carefully perused the affidavit of the complainant, the documents filed bythe complainant and heard the submission of the ld Advocate for the complainant.

            Perused the receipt cum allotment receipt issued by the Vibgyor Gold Limited being receipt No. 786099 dated 05.04.2014 and the 12 Nos. of money receipts filed by the complainant to substantiate her claim that she deposited a sum of Rs. 23,400/-  to the OP. The Op has not contested the claim of the complainant.  It is the case of the complainant that the scheme has been matured on 05.04.2016 for gold jewelry worth Rs. 50,400/-. But till date the Ops did not pay any amount with assured interest.

So in view of the materials on record we hold that the complainant has proved her case Ex- parte against the OP.

Both the issues are answered accordingly.

           Hence, it is

O R D E R E D

That CC/ 24 of 2018 be and the same is allowed  ex parte against the OPs.

 Both the OPs are jointly and severally directed to pay Rs. 23,400/- to the complainant within one month from the date of this order along with Rs. 5000/- as compensation and Rs. 1000/- as litigation cost, failing which  the  OPs have to pay interest at the rate of 9% per annum on the total awarded sum.  

Let copy of the judgment be supplied to all the parties free of cost.