Judgment & Order  dt. 29.01.2018

            Negligence on the part of the OPs to return the invested money of the complainant with interest has galvanized the complainant to file the instant complaint u/s 12 of the C.P. Act, 1986, alleging deficiency in service in payment of the dues of the complainant on the part of the OPs.

            The facts leading to the filing of the instant complaint by the complainant may be epitomized as follows.

            OP Nos.1 to 4 are renowned societies- registered under Multi State Cooperative Societies Act, 2002, and OP-1 is the registered franchisee of the aforesaid society working at Balurghat in the district of Dakshin Dinajpur. The complainant made investment of two recurring deposits of Rs.8,000/- and Rs.7,000/- per month for 60 installments bearing A/c No.54114200841 and A/c No.54114200842 respectively with the society. The complainant has deposited 59 installments @ aforesaid to the account w.e.f. 11.8.2012 to 14.7.2017 with the OP-1, on condition to return the same of both the recurring deposits amount with 9% interest p.a. after the expiry of the date stipulated for both the A/c numbers for an amount of Rs.4,72,000/- against A/c No. 54114200841 and also Rs.4,13,000/- against A/c No. 54114200842 respectively in favour of the complainant. 

            After the expiry of the stipulated date the complainant approached the office of OP-1 on several times and requested him to make payment of money invested by him with due interest, but, OP-1 has turned up deaf ear to the grievance of the complainant, as a result of which the complainant has suffered a considerable amount of mental loss and physical harassment. Now, the complainant has come up before this Forum with the filing of the instant case praying for passing an order directing the OPs to make total payment of Rs.8,85,000/- with interest @ 9% p.a. thereon of both the account numbers for 6 months, Rs.20,000/- as compensation for mental pain and harassment and Rs.5,000/- as the cost of the proceeding. Hence, arises the case.

            The OP Nos.2 to 4 have not turned up to contest the case and therefore, the case is heard ex-parte against them. OP-1 has filed a written statement wherein he has admitted the grievance of the complainant. He has admitted that the complainant invested the money as alleged by him in the complaint and that they are also ready to make payment of the maturity value of the said money to the complainant along with interest. They have, however, prayed a week’s time to have the process for payment cleared.

DECISION  WITH  REASONS

            It is the case of the complainant that he invested Rs. 8,85,000/- with the OP society and that the OP society agreed to pay interest @ 9% p.a. upon the said installments. These grievances of the complainant are fully admitted by the OP-1. OP-1 has not disputed the quantum of deposited amount by the complainant at any point of time. The complainant has demanded 9% interest upon the invested amount and the claim of the complainant has not also been rebutted by the OPs. If the claim of the complainant is not rebutted by the OPs, it is implied that such claim has been admitted by the OPs. Regard being had to these aspects and the factual matrix of the versions of both the sides, we are of the opinion that the OPs are liable for deficiency in service in not returning the sum invested by the complainant with accrued interest as agreed upon by and between the parties.

            In the result, the case succeeds.

            Hence,

O R D E R E D

            that the complaint case be and the same is allowed on admission against the OP-1 and ex parte against the OP Nos.2 to 4 . The costs of litigation is determined to be Rs.2,000/-.

            The OPs, who will remain jointly and severally liable for payment of the decreetal amount, are hereby directed to make payment of Rs.11,65,000/-, being the amount of investment i.e.
Rs. 8,85,000/- together with 9% interest p.a. thereon for 6 months i.e. upto date of judgment plus Rs.2,000/- as cost of litigation and Rs.5,000/- as compensation for mental agony and physical harassment of the complainant within a period of 45 days from the date of this order, failing which the decreetal / awarded amount i.e. Rs.11,65,000/- and the compensation amount i.e. Rs.5,000/- will bear an interest @ 10% p.a. thereon until full realization of the said amount.

            Let a plain copy of this order be supplied free of cost at once to the parties concerned.