By : SMT. CHANDRIMA CHAKRABORTY, MEMBER,
The complainant has filed this instant petition with a prayer for a direction upon the OPs for return of Rs. 1,00,000/- with 10% interest from the date of maturity till realization and other reliefs as mentioned in the complaint petition.
In short the allegation of the complainant is that he invested a sum of Rs. 50000/- on 15.05.2012 by certificate vide No. AIRL/RDD0527064 dated 05.06.2012. The maturity date was 5.05.2018 and the maturity amount was Rs. 10000/-. But the Co did not return the maturity amount on the date of expiry of the maturity in spite the complainant deposited all the relevant documents.
Hence, this case.
Ops did not appear to contest the complaint and hence, it was heard ex parte against both the OPs
Points need to be considered are whether the case is maintainable and (2) whether the Complainants are entitled to the relief(s) sought for by him.
Decision with reason
Both the points are taken up together for discussion and decision for sake of convenience.
We have perused the affidavit of the complainant and the copy of money receipt produced by the complainant very carefully and find that the complainant has been able prove his case ex parte against the OPs. The statements made in the complaint fully corroborate with the contents of the money receipt issued by the OP no 2 Co.
Two decisions reported in 2016(4), CPR 325 (NC) and (2), 2016(4),CPR 723 (NC) have been referred in support of the case of the complainant. The first decision says non- payment of redemption/maturity amount even on receipt of the unit certificates is an act of deficiency in rendering service on the part of the Company. Here the Opposite Parties did not controvert that the complainant paid the amount as asserted by the complainant.
The second decision speaks that depositor shall have continuous cause of action to seek recovery of the amount of his fixed deposit.
In this case it appears that sham paper transaction has been created in order to take deposit of money from the presumably illiterate persons. Consumer Forum being a beneficial legislation, here president cannot overlook this type of transaction Forum cannot overlook that in this way some companies are taking money from the poor people and filling up their iron chest.
Ld advocate for the complainant argued that he along with many persons have been cheated by the Co. They did not get any offer document from the Opposite Parties except the certificate as above. They have invested money with the Co. on the assurance that they would get maximum value after the maturity period. But they have not received said amount.
In Civil Appeal No. 3883 of 2007 (Supreme court) Hon’ble Justice of Madan B. Lakur observed in a dispute concerning a consumer, it is necessary for the courts to take a pragmatic view of the rights of the consumer principally since it is the consumer who is placed at a disadvantage vis a vise the supplier of service or goods. It is to overcome this advantage that a beneficent legislation in the form of CP Act 1986 was enacted by a Parliament.
In view the aforesaid decisions and on the basis of the uncontroverted statement made in the complaint supported by affidavit, it is clearly established that the complainant is a Consumer under the C P Act 1986 and there is deficiency of service on the part of the Opposite Parties according to the Consumer Protection Act 1986.
Hon’ble National Commission of India held that technicalities will not be looked into very seriously while dealing with the consumer case.
Hence,
O R D E R E D
That CC/274 of 2018 be and the same is allowed ex parte against the OPs.
Both the Opposite Parties are directed to pay a sum return Rs. 1,00,000/- to the complainant within one month from the date of this order along with interest @ Rs. 10% from the date of maturity till full realization of the awarded amount, failing which the complainants will be at liberty to put this order into execution.
Let the copy of the judgment be supplied to all the parties free of cost.
