West Bengal

Purba Midnapur

CC/180/2020

Ganesh Patra Alias Ganesh Chandra Patra - Complainant(s)

Versus

The Branch Manager(Alchemist Township India Limited) - Opp.Party(s)

Self

15 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
PURBA MEDINIPUR
ABASBARI, P.O. TAMLUK, DIST. PURBA MEDINIPUR,PIN. 721636
TELEFAX. 03228270317
 
Complaint Case No. CC/180/2020
( Date of Filing : 27 Jul 2020 )
 
1. Ganesh Patra Alias Ganesh Chandra Patra
Late Bhuban Patra, Vill.: Bargachhia, P.O.: Mecheda, P.S.: Kolaghat, PIN.: 721137
Purba Medinipur
West Bengal
...........Complainant(s)
Versus
1. The Branch Manager(Alchemist Township India Limited)
Vill.: Padumbasan(Maniktala), P.O. & P.S.: Tamluk, PIN.: 721636
Purba Medinipur
West Bengal
2. The Director/Chairman (Alchemist Township India Ltd.)
House No. 159, Sector - B, Chandigarh, P.S.: Chandigarh, 160009 At Present: Flat No. 1511, (Font Portion) Hemkunt Chambers, 89 Nehru Place, P.S.: Kalkaji, 110019
New Delhi
South Delhi
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI ASISH DEB PRESIDENT
 HON'BLE MR. SRI SAURAV CHANDRA MEMBER
 
PRESENT:
 
Dated : 15 Dec 2022
Final Order / Judgement

SRI SAURAV CHANDRA, MEMBER

 

Facts of the complaint case in short is that being allured and influenced by the attractive interest of the Ops Co. the complainant invested a sum of Rs. 80,000/- with the OP no. 2 through the Op no.1 for a one time  vide Customer ID No. TCC0004257 on 20.06.2013 which was matured on 11.12.2016. Complainant again invested a sum of Rs. 56,000/- with the OP no. 2 through the Op no.1 for one time vide Customer ID No. TCC0004258 on 20.06.2013 which was matured on 11.12.2016. Complainant further  invested a sum of Rs. 80,000/- with the OP no. for one time vide Customer ID No. TCC0004259 on 20.06.2013 which was matured on 11.12.2016.  After maturity the complainants submitted all the necessary documents and claimed the total maturity amount of Rs. 2,16,000/- but the OPs did not pay the same.

 

          Hence, the complainant has filed this complaint with a prayer for a direction upon the OPs to pay the complainant a sum of Rs. 2,16,000/- /- as maturity amount  with interest till full realization of the said amount and other reliefs.

 

 Notices were issued upon both the Opposite Parties. Despite service of summons the OPs did not appear to contest the case. Hence, the case is heard ex parte against the OPs.

 

Points for determination are:

 1. Is the case maintainable in its present form and in law?                                              2.   Is the Complainant entitled to the relief(s) as sought for?

 

Decision with reasons

 

Both the points, being inter related to each other, are taken up together for discussion  for sake of brevity and  convenience.

 

We have carefully perused the affidavit of the complainant and the copy of money receipt/certificate produced by the complainant and find that the particulars of the complaint fully corroborate with the particulars of the certificate. None of the OPs has turned up to controvert the statement of the complaint on oath. So the complainant has been successful in proving his case.

 

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. It appears that in 2016(4), CPR 325 (NC) it has been decided that 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.  In 2016(4),CPR 723 (NC) it has been decided that the 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 person.  Consumer law being a beneficial legislation, the Commission 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 the complainant along with many persons have been cheated by the op 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, the Hon’ble Supreme Court has been pleased to observe in the matter dispute concerning a consumer that 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 visa vise the supplier of service or goods.

          In view of 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 Consumer Protection Act 2019(An Act to promote, protect and enforce the rights of the consumers) and there is deficiency of service on the part of the Opposite Parties according to the Consumer Protection Act 2019.

         Thus both the points are decided in favour of the complainant.

 

Hence, it is

O R D E R E D

 

That CC/180 of 2020 be and the same is allowed ex parte against the OPs.

          The Opposite Parties, who are jointly and severally liable, are hereby directed to pay a sum of Rs. 2,16,000/-  to the complainant within one month from the date of this order along with interest @ 9% p.a. from the date of deposit till full realization of the awarded amount with further Rs. 1000/- as litigation cost, failing which the complainant will be at liberty to put this order into execution.

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

 
 
[HON'BLE MR. SRI ASISH DEB]
PRESIDENT
 
 
[HON'BLE MR. SRI SAURAV CHANDRA]
MEMBER
 

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