Samaresh Kumar Mitra, Presiding Member:

            The simple version of the complainant is that the deceased husband of the complainant during his life time invested an amount of Rs.30,000/- in favour of OP No.1 through OP No.2 for the purpose of development of the property situated at Behanta & Tila, Tehsil- Kolarash, Dist.- Shivpuri, Madhya Pradesh.  An agreement was executed on 12.11.2012 by & between the OP Company & the deceased husband of the petitioner. He also stated that a certificate of property dt.03.12.2012 vide allotment No. AIRL/RXX01/090033 issued by the OP no.1 9in favour of the deceased husband of the petitioner. Thereafter the on 21.09.2015 the deceased husband of the petitioner deposited the aforementioned certificate in the office of OP No.2 with a view to withdraw the matured amount after expiry of tenure.  After the death of the  husband  the complainant made a prayer for withdrawal of the matured amount also made submission to consider the matter properly but the Op No.2 refused to receive the letter dt. 27.4.2016 on 03.05.2016. Subsequently the complainant sent a letter through her advocate on 18.05.2016  to get the matured amount but the said letter also refused by the OP No.2. From the act and attitude of the OP it is crystal clear that the OP not only arbitrary & whimsical but also the same are illegal & deficiency in service on the part of the OP company and getting no alternative filed the instant complainant before this Forum for redresssal as prayed in the prayer portion of the complaint. He prayed to get the matured amount of Rs.30,000/- along with interest and compensation amounting to Rs.50,000/- and other cost.  

 The complainant sent notice several times but the notice returned unserved then the complainant published notice through the  daily Aajkal dated 22.1.2017 but the OP did not put his appearance and filed no written version so the proceedings run ex-parte against him.

 The complainant filed affidavit in chief which is nothing but the replica of complaint petition.

 Agent on behalf of the complainant advanced argument in ex-parte in full and also filed written notes of argument.        

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

ISSUES/POINTS   FOR   CONSIDERATION

1).    Whether the Complainant  Smt. Kalpana Chakraborty is a ‘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 her case against the opposite party, as alleged and whether the opposite party is liable for compensation to her?

5). Whether the complainant is entitled to get 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 Smt. Kalpana Chakraborty ‘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 beneficiary of the deceased customer of OP who invest some money before the OP for getting handsome return, so she is entitled to get service from the OP.

 (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 Hooghly and cause of action took place in the Hooghly District. The complaint valued  return of Rs.30000/- including interest and Rs.50,000/- as compensation for her harassment & mental agony and 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 arguments as advanced by the agent of the complainant it appears that the husband of the complainant deposited his money in purchasing certificate of property being allotment no. AIRL/RXX0109003 in the name of Santosh Kumar Chakraborty has been conveyed vide indenture dated 12.11.2012 executed between the company and the certificate holder.  The said certificate of property has been matured on 12.11.2015 but the complainant after the death of her husband did not get the mature proceed since then for which she preferred the recourse of this Forum for redresssal.   

The complaint petition is unchallenged one as the OP did not file his written version by putting appearance. So the proceedings run ex-parte against the OP despite notice published through newspaper. The husband of the complainant invested such money in good faith for getting handsome return from the OP in moderate rate of interest following the assurance of the OP. And after the maturity the OP did not return the maturity value to the complainant for which these complainant getting no alternative compelled to take the recourse 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 show good gesture upon the complainant by paying the matured amounts. As such the OP is deficient in providing service to the complainant and they are also in the charge of unfair trade practice. The demand of the complainant is valid, cogent and at per but not excessive or exorbitant. So the complainant is entitled to get maturity benefits, including interest @ 10% per annum since date of maturity till the realization and  complainant will get litigation cost of Rs.5000/- 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 Complainant has abled to prove her case. So, the Opposite Party is liable to compensate the Complainant as this Forum deem fit and proper.

                                                                                             Order.

   Hence it is ordered that the complaint be and the same is allowed on ex-parte against the Opposite Party with a litigation cost of Rs.5000/- to be paid to the complainant.

 The Opposite party is hereby directed to pay the matured amounts plus maturity benefits to this complainant as per the investment of her husband, including interest @ 10% since the date of maturity till date of realization within 45 days from the passing this final order.

  No other relief (s) is awarded to this complainant..

  The Opposite Party is further directed to deposit a sum of Rs.10, 000/- in the Consumer Legal Aid Account for unfair trade practice within 45 days from the date of passing this final order.

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 a 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 registered post to the concerned parties as per rules, for information and necessary action.

  Dictated and corrected by me.Samaresh Kr.Mitra,Member.