This complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OP as the OP did not refund an amount of Rs.3,47,200 /- to him till filing of this complaint.

The brief fact of the case of the Complainant is that in the month of July, 2018 one representative namely Mr. Gupta of the OP called the Complainant over telephone and proposed for fixed deposit amounting to Rs.61,600/- for one year and after maturity the Complainant will get Rs.1,00,000/-. The Complainant had accepted the said proposal and issued one cheque amounting to Rs.61,600/- drawn on United Bank of India, Halisahar Branch dated 27.07.2018 in favour of the OP, which was debited from his account on 01.08.2018. On the very next day again the representative of the OP requested the Complainant to pay a sum of Rs.61,600/- more to enhance the said proposed fixed deposit and it was stated by the said representative that after one year i.e. after maturity the Complainant will get Rs.1,75,000/-. On good faith again the Complainant issued one cheque amounting to Rs.61,600/- drawn on UBI, Halisahar Branch on 06.08.2018 in favour of the OP, which was debited from his account on 13.08.2018. After two or three days the Complainant got another phone call from a number who offered the Complainant that he will get additional bonus after maturity of one year on the amount of Rs.95,000/- and again the Complainant on good faith issued another cheque for Rs.95,000/- drawn on UBI, Halisahar Branch on 13.08.2018, which was debited from his account on 17.08.2018. After three or four days the Complainant received another phone call and he was informed that due to mis-match of spelling of the surname of the Complainant as printed in the cheque done by the Bnak the Complainant had to pay another Rs.95,200/- and the said representative of the OP assured the Complainant that he will get back the earlier amount of Rs.95,200/-. On good faith the Complainant issued another cheque of Rs.95,200/- drawn on UBI, Halisahar Branch dated 23.08.2018 in favour of the OP, which was debited from his account on 30.08.2018, but the OP did not return back the previous amount of Rs.95,200/- to the Complainant. It is very much surprising that though the OP had received an amount of Rs.61,600/- + Rs.61,600/- + Rs.95,200/- for fixed deposit, but did not issue any fixed deposit certificate in favour of the Complainant. The Complainant requested the OP for issuance of fixed deposit certificates of the abovementioned amount and return of the amount of Rs.95,200/- to him, but the OP has failed to do the same till filing of this complaint. On 04.10.2018 the Complainant surprisingly received three parcels from where it was seen that one Laptop of Rs.95,200/- has been sent to him by the OP and the balance parcels were not opened as yet by the Complainant. Immediately on 15.10.2018 the Complainant made a representation to the OP with a request to intimate him in details about the cause for non-issuance of the fixed deposit certificates and the cause for sending the Laptop as well as other two parcels in his favour. The Complainant also had informed the OP through this letter that he is inclined to return the said Laptop and other two parcels to the OP, but the OP did not give any reply to the said letter of the Complainant. The Complainant had made another representation vide the letter dated 15.10.2018 addressing to the legal department of the OP with a request to refund the said amount of Rs.3,47,200/- in his favour as early as possible. But inspite of receipt of the said letter the OP did not bother to give him any reply. Again the Complainant issued an e-mail on 11.12.2018 with a request to refund the aforementioned amount with interest from August, 2018 till entire realization, but the OP kept himself silent over this matter. Then the Complainant made a representation on 05.02.2019 addressing to the Customer Grievance Cell of the OP and also E-mail to the OP dated 06.02.2019 requesting to take back the said Laptop and refund of the entire amount as paid by him, but to no effect. On 04.03.2019 the Complainant had explained the entire facts to the Customer Grievance Cell of the OP and requested to refund the entire paid amount as early as possible to him. In reply the OP intimated the Complainant through an e-mail that an amount of Rs.95,200/- will be refunded by the month of April in the account of the Complainant and requested the Complainant to return the Laptop as and when the Complainant will get refund of the said amount. Inspite of assurance the OP did not give any positive response. The Complainant had repeatedly requested the OP through e-mail dated 19.03.2019, 18.05.2019 and 20.05.2019 requesting to refund the entire amount of Rs.3,47,200/- in his favour and also requested to take back the said Laptop, but all in vain. It is pertinent to mention that one representative of the OP namely Mr. Biswajit Das being an Executive of an agency of Reliance Life Insurance Company offered him that with a proposal of redemption of Reliance Life Policy prematurely if the Complainant paid Rs.33,600/- as GST. The Complainant accepted the said proposal and issued one cheque amounting to Rs.33,600/- drawn on UBI, Halisahar Branch dated 27.07.2018, which was debited from his account on 01.08.2018. Inspite of receipt of the said amount of Rs.33,600/- as GST the OP has failed to arrange the refund of the premature policy amount of the Complainant. The Complainant has stated that for getting the aforementioned paid amount for Rs.3,47,200/- he had to move from pillar to post, but having no remedy and the OP did not take any step for redressal of his grievance. Finding no other alternative the Complainant has approached before this Ld. Commission praying for direction upon the OP to refund the amount of Rs.3,47,200/- to him along with interest for the period from 01.08.2018 till realization of the entire amount, to pay compensation to the tune of Rs.1,00,000/- due to harassment, mental agony and pain and litigation cost of Rs.20,000/- to him.

After admission of this complaint on 22.08.2019 notice was issued to the OP through speed post with A/D and date was given on 22.10.2019 for S/r and appearance and direction was also given to the OP for filing written version within 45 days from the date of receipt of the notice. On 22.10.2019 the Ld. Counsel for the Complainant filed postal track report from where it was apparent that on 27.08.2019 the OP had received the notice and the Ld. Advocate for the OP was appeared on the said date i.e. 22.10.2019. As the statutory period for filing written version was over, hence as per prayer of the Ld. Counsel for the OP as also in the interest of justice further scope was given to the OP for filing written version subject to payment of cost of Rs.15000/-, out of which 50% be payable to the Complainant and the balance amount to the Complainant. The OP paid 50% of the cost amount to the Ld. Advocate for the Complainant, who also filed money receipt. The Ld. Commission was pleased to fix the date for filing written version by the OP on 06.11.2019. On 06.11.2019 the Ld. Counsel for the OP was present but sought for further time for filing written version, hence giving opportunity to the OP subject to payment of further cost date was fixed on 03.12.2019 for filing written version and payment of cost. On the said date none was present on behalf of the OP, no written version was forthcoming from the end of the OP, so the Ld. Commission was pleased to pass an order that the complaint will run exparte against the OP. Thereafter the Complainant had adduced evidence on affidavit.

In this respect we may mention to the judgment passed by the Hon’ble NCDRC in the case of M/s. Singla Builders & Promoters Limited vs. Aman Kumar Garg, reported in 2018 (1) CPR 314 (NC), decided on 16.10.2017, wherein it has been held that ‘non-filing of written version to complaint amounts to admission of allegations levelled against them in consumer complaint.’

The abovementioned Ruling can be applicable in the case in hand as in the instant complaint. Therefore in view of the said judgment the allegations as made out by the Complainant in the petition of complaint can be admitted as no rebuttal is forthcoming against such allegation.

We have carefully perused the entire record, documents and heard argument at length advanced by the Ld. Counsel for the Complainant.It is seen by us that after getting phone calls from the representative of the OP one after another through which he was requested for investment in the fixed deposit scheme of the OP, the Complainant being agreed with such proposal of the said representatives issued several cheques in favour of the OP one after another to the tune of Rs.61,600/-, Rs.61,600/-, Rs.95,200/-, Rs.95,200/- and lastly for Rs.33,600/-. Last amount was paid by him as GST for withdrawal of the abovementioned premature policies.  The cheques were drawn on UBI, Halisahar Branch and on each and every occasion the amount was debited from the account of the Complainant and credited in the account of the OP, which is evident from the photocopy of the pass book of the Complainant. But it is curious to us that though the Complainant issued cheques one after another in favour of the OP, but the OP did not issue any fixed deposit certificate in favour of the Complainant. The Complainant without getting any fixed deposit certificate issued cheques one after another. Such action of the Complainant reveals that the Complainant was very much eager to get more and more money and for this reason he did not care that the OP did not issue any fixed deposit certificate in his favour. However from the documents it is clear that the Complainant paid a sum of Rs.3,47,200/- in favour of the OP. Due to non-receipt of any fixed deposit certificate the Complainant had started to make written correspondences with the OP both through e-mail as well as letter, but after receipt of the entire amount from the Complainant the OP did not bother to reply the said written correspondences and kept himself completely silent over this issue. When the Complainant came to realize that the OP is very much reluctant to provide him the certificates, then the Complainant had started to request to the OP through written correspondences to refund of the entire paid amount to him within a very short span. But inspite of such effort of the Complainant the OP did not bother to reply or take any step so that the Complainant can get the certificates or refund of the paid amount. On 04.10.2018 the Complainant surprisingly received three parcels, out of which according to the Complainant one parcel was opened by him and found that the OP had send one Laptop worth of Rs.95,200/- to him and the balance parcels were not opened as yet by the Complainant. Immediately on 15.10.2018 the Complainant made a representation to the OP with a request to intimate him in details about the cause for non-issuance of the fixed deposit certificates and the cause for sending the Laptop as well as other two parcels in his favour. The Complainant also had informed the OP through this letter that he is inclined to return the said Laptop and other two parcels to the OP, but the OP did not give any reply to the said letter of the Complainant. The Complainant had made another representation vide the letter dated 15.10.2018 addressing to the legal department of the OP with a request to refund the said amount of Rs.3,47,200/- in his favour as early as possible. But inspite of receipt of the said letter the OP did not bother to give him any reply. Again the Complainant issued an e-mail on 11.12.2018 with a request to refund the aforementioned amount with interest from August, 2018 till entire realization, but the OP kept himself silent over this matter. Then the Complainant made a representation on 05.02.2019 addressing to the Customer Grievance Cell of the OP and also E-mail to the OP dated 06.02.2019 requesting to take back the said Laptop and refund of the entire amount as paid by him, but to no effect. On 04.03.2019 the Complainant had explained the entire facts to the Customer Grievance Cell of the OP and requested to refund the entire paid amount as early as possible to him. In reply the OP intimated the Complainant through an e-mail that an amount of Rs.95,200/- will be refunded by the month of April in the account of the Complainant and requested the Complainant to return the Laptop as and when the Complainant will get refund of the said amount. Inspite of assurance the OP did not give any positive response. The Complainant had repeatedly requested the OP through e-mail dated 19.03.2019, 18.05.2019 and 20.05.2019 requesting to refund the entire amount of Rs.3,47,200/- in his favour and also requested to take back the said Laptop, but all in vain. The Complainant has stated that for getting the aforementioned paid amount for Rs.3,47,200/- he had to move from pillar to post, but having no remedy and the OP did not take any step for redressal of his grievance.  The Complainant has proved such contention by adducing cogent documentary evidence. We have noticed on several times the Complainant contacted the OP through written correspondences, but no fruitful result has been yielded.

It is also seen by us that inspite of repeated requests of the Complainant did not take positive step to redress his grievance either by remitting the fixed deposit certificates or refunding the entire paid amount to him. Due to such inaction the Complainant being compelled has approached before the Court of Law by filing this complaint and for this proceeding he has to incur some expenses, for which in our considered view the Complainant is entitled to get litigation cost from the OP.

It is true that the paid amounting to Rs.3,47,200/- is still lying under the custody of the OP. Without issuing any deposit certificate the OP has been enjoying the said amount for a prolonged period. The OP is getting profit from the said amount. For this reason the Complainant is very much entitled to get interest on the paid amount in the form of compensation.

Going by the abovementioned discussion hence it is ordered that the Consumer Complaint being no-CC/67/2019 is hereby allowed exparte against the OP with cost. The OP shall refund the amount of Rs.3,47,200/- to the Complainant along with interest @10% p.a. for the period from 01.08.2018 till realization of the entire amount in the form of compensation within 45 days from the date of passing this judgment. The OP is also directed to pay a sum of Rs.5,000/- to the Complainant towards litigation cost within 45 days from the date of passing this judgment, in default the Complainant will be at liberty to put the entire decree in execution as per the provision of law.

Let the plain copy of this final order/judgment be given to the parties free of cost as per the CPR.

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]