BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,
BISHNUPUR,CHURACHANDPUR,TAMENGLONG,NONEY AND PHERZAWL
Consumer Case No.2 of 2021
Smt.Thingbaijam Velentina Devi,aged about 42 years,
w/o Thingbaijam Birjit Singh, Irengbam Mayai Leikai
P.O. & P.S. Nambol, District-Bishnupur,Manipur
……COMPLAINANT
-Verses-
The Manager,
LAMJINGBA FINANCE,
Regd.License No.207/M/BML/2017,
Nagampal RIMS Road,Imphal,Manipur
(now shifted to Corporate Office Building,
Airport Road,Imphal ,Manipur (Inside TOM TV Complex)
…....OPP. PARTY
PRESENTS:-
S.Sadhana Devi Member
S.Devananda Singh Member
Counsel For The Complainant:- Th.Sudhir Singh
Counsel For The Opp.Party:- Nil
Date of Hearing:- 17-12-2021
Date of Order:- 31-12-2021
JUDGEMENT AND ORDER.
1. This is to dispose of the Consumer Case No.2 0f 2021 filed by the Complainant U/S 35 of the Consumer Protection Act 2019 against the Respondent/O.P. for Deficiency of Service on the part of the O.P.
2. That the brief facts leading to this case is that,the O.P. is non-banking finance company bearing registered licence No.207/M/BML/2017,having registered office at Nagampal RIMS Road,Imphal-795001,Manipur Vide Notification dated 15/09/2021 of the office of the LAMJINGBA FINANCE engaged in the business of Loans and Advance.
3. That on 07/08/2019 the Complainant deposited a sum of Rs.5,00,000/-(Rupees five lakhs) only to the Opposite party for a period of 4(four) years i.e. 48 months at an interest at the rate of 3.5% per month and in this respect an AGREEMENT was also executed between the complainant and the O.P. on the same day.
4. That on 13/08/2019 the O.P. issued a MONEY RECEIPT dated 07/08/2019 and PROMISSORY NOTE dated 07/08/2021 to the Complainant along with another invoice showing the account details of the Complainant.
5. That,as per the terms and conditions of the AGREEMENT dated 07/08/2019 the O.P. paid the payable interest of the deposited amount till February,2020,however after that the O.P. failed to pay the payable monthly interest in the name of Lockdown imposed of due to COVID-19 Pandemic.
6. That despite repeated request for timely payment of the monthly interest, the O.P. neglected to pay the same and avoiding by saying this and that till date.
7. That in the month of May and June, 2020 the Complainant visited to the office of the O.P. and asked for withdrawal of the deposited amount by filing a withdrawal application from lack of confidence,however the O.P.assured the depositors by making false and misleading facts for resuming their activities and will be giving out of 1% interest by next month but the assurance also failed.
8. That even after the lifting of National Lockdown of COVID-19, the O.P. failed to pay the promised 1% interest payable to the Complainant with mela-fide intention.
9. In the month of February 2021 , the Complainant visited several times to meet the officials of the O.P. regarding the submission of Withdrawal application but in vain on 16/02/2021 the Complainant submitted her withdrawal appication through her nominee to the office of the O.P. In the month of April and May,2021 the Complainant inquired about her withdrawal application but she did not met any staffs of the O.P. as their office is under lock and key without any reason. Hence this Present Consumer Complaint Case.
10. That in support of her case the complainant filed 6(six) documents.That this Court issued notice summon to the O.P. on 25/10/2021 but the O.P. did not receive the notice/summon, consequently this Court re-issued notice/summon to the O.P. but he did not receive, so the Court’s process server affixed the notice to the gate of the office. Then, this Court further re-issued summon through register post. This time this Court has been received acknowledgement receipt despite the O.P. found absent. Ext. A/8 is the said acknowledgement receipt received by this Court. Despite the O.P. is found absent, we can assume that the O.P. is fully aware of this case and intentionally avoiding. We have no option so this case is proceeded ex-parte on 08/11/2021.
11. That in support of her case the Complainant filed 6(six) documents.Regarding this case we examined two witnesses including the Complainant.
Ext.A/1 is the Examination-in-chief of the Complainant.
Ext.A/1/1 is the signature of the Complainant in the said Examnation-in-chief.
Ext.A/2 is the Agreement Dated 07/08/ 2019 executed between the Complainant and O.P. regarding the deposit of a sum of Rs.5,00,000/-(Rupees five lakhs) only to the O.P..
Ext.A/2/1 is the signature of the Complainant signed in the Agreement .
Ext.A/3 is the Money Receipt Dated 07/08/ 2019 issued by the O.P.
Ext.A/4 is the Promissory Note Dated 07/08/2019 issued by the O.P.
Ext.A/5 is the Withdrawal application Dated 12/02/ 2021 filed by the husband of the Complainant to the O.P.
Ext.A/5/1 is the signature of the husband of the Complainant.
Ext.A/6 is the Invoice of Account details Dated 20/08/2019 issued by the O.P. in the name of the Complainant. The Document marked X is the copy of the Notification Dated 15/09/2021 for shifting office of the O.P. to the Present Adress.
Ext.A/7 is the Examination-in-chief of the nominee Dated 06/12/2021 sworn before the Oat Commissioner P.Ibomcha Singh.
Ext.A/7/1 is the signature of the nominee.
12. In view of the totality of the above facts and circumstances and evidence of this Case, we hold that it is clear deficiency of service from the side of the O.P., so the O.P. is liable to pay for the act of deficiency of service and the Complainant is entitiled to get a sum of Rs.5,00,000/-(Rupees five lakhs) only the deposited amount and the due interest mentioned in the AGREEMENT and a sum of Rs.4,00,000/-(Rupees four lakhs) only for causing mental harassment and agony and Rs.10,000/-(Rupees ten thousand) only for cost of litigation within one month from the date of receipt of this order.
Announced in open Court.
