Judgment : Dt.28.2.2017

            This is a complaint made by Syed Arif Ali, son of Late Syed Wasif Ali, 81, Shakespeare Sarani, P.S.-Beniapukur, Kolkata-700 017 against The Director, Senco Jewellery Palace Abhusan Pvt. Ltd., 118, Rash Behari Avenue, P.S.-Gariahat, Kolkata-700 029, praying for return of Rs.52,500/- along with interest and compensation of Rs.1,00,000/- and litigation cost of Rs.25,000/-.

            Facts in brief are that Complainant on 5.10.2013 opened one account under a scheme namely Swarnatrisha Gold  after paying Rs.7,500/- and OP issued one certificate under name and style as Senco Jewellery Palace Abhusan Pvt. Ltd. Swarna Trisha is a twelve month equal instalments of scheme as per terms of deposit petitioner paid seventh instalment @ Rs.7,500/- p.m. entitled to the tune of Rs.52,500/- after payment of 7^th installment. The agent of OP advised Complainant to invest it to Sharada chit fund. Accordingly, Complainant asked for refund of the money after surrendering his all certificates. But, did not get refund. On 2.7.2015 OP issued a letter stating that they will refund the money on 16.5.2016. Complainant served Advocate’s notice because the money was not refunded. So, Complainant filed this case.

            On the basis of the above facts, the complaint was admitted and notices were served. OP did not file written version and so the case was heard ex-parte.

Decision with reasons

            Main point for determination as to whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the copy of the documents, it appears the Senco Jewellery issued a certificate in favour of the Complainant. Further, it appears that there are copies of the respective file which reveal that Rs.52,500/- was paid.

            Accordingly, we are of the view that since the allegation remained un-rebutted and unchallenged, Complainant is entitled to refund of Rs.52,500/-. The compensation sought for which appears to be excessive and litigation cost also does not justify the situation.

            Hence,

ordered

            CC/372/2016 and the same is allowed in part. OPs are directed to return Rs.52,500/- within two months of this order, in default the amount shall carry interest @ 10% p.a.