Samaresh Kumar Mitra,  Presiding Member.

            This case has been filed U/s.12 of the Consumer Protection Act, 1986 by the complainant that Complainant/Petitioner invested fixed deposits under Opposite Party No.1 through Opposite Party No.2 amounting to Rs.25,000/- each being FDR No. NIL/12465 which was deposited on 15/03/2013 and the same was matured on 14/03/2016 and another FDR No. NIL /12901 which was issued on 20/04/2013 and the same was matured on 19/04/2016 and that the Opposite Party No.1 at the time of deposit issued 2 Nos. account payee cheques bearing No. 136218 dated 14/03/2016 drawn on HDFC Bank and Cheque Bearing No. 138822 dated 19/04/2016 drawn on HDFC Bank amounting to Rs.25,000/- each as principal amount but subsequently the Opposite Party No.1 vide its letter dated 21/12/2013 requested the Complainant not to present those cheques in the Bank for payment as they are issuing fresh cheques in lieu of the above said cheques and in the said letter Opposite Party No.1 also communicated the Complainant that they have closed their HDFC Account No. 12298630000151 and requested the Complainant to hand over those 2 cheques drawn on HDFC Bank  in his name and get another cheque in lieu thereof and as per advice, the Complainant subsequently sent those 2 cheques to the Opposite Party No.1, but after receipt of the same neither the Opposite Party No.1 issued fresh cheques to the Complainant/Petitioner nor paid his maturity amount till date and after the maturity the Complainant through Opposite Party No.2 sent original 2 certificates along with maturity document for encashment and upon receipt of the same the Opposite Party No.1 kept mum and neither responded not paid the maturity amount to the Complainant.

            The Complainant also states that the Complainant times without number contacted the Opposite Party No.1 but the Opposite Parties are taking time on different pretext and in the month of November, 2018 the Complainant accompanied by the Opposite Party No.2 went to the office of the Opposite Party No.1 but this time the Complainant was harassed by the Officials of the Opposite Party No.1 and the Complainant was unattended there and the Complainant returned back with empty hand and the Complainant waited for some time and requested the Opposite Party No.2 and the Opposite Party No.2 times without number tried to solve the matter which also yielded no result and having no other alternative the Complainant through his Ld. Advocate sent a demand notice on 24/03/2019 to the Opposite Party  No.1 which was posted on 26/03/2019 stating all the facts in black and white  and the Opposite party No.1 received the said letter on 29/03/2019 and the Opposite Party No.1 in spite of receiving the letter did not bother to give any reply of the letter dated 24/03/2019  and having no other alternative this Complainant again through his Ld Advocate send 2^nd reminder letter on 23/04/2019 which was posted on 23/04/2019 and the Opposite Party No.1 this time refused the same letter of the Ld. Advocate which he received back on 01/05/2019 and thus the Opposite Party No.1 willfully and deliberately failed to comply the Legal Notice dated 24/03/2019 and 23/04/2019.

            The Complainant also states that now the Complainant has reason to  belief  that the Complainant has been cheated by the Opposite Party No.1 and if the Complainant having had any knowledge that the Complainant will be cheated from the part of the Opposite Party No.1 then the Complainant shall not have invested his hard earned money as stated above and thus the Opposite party No.1 has violated the terms and conditions and thereby causes serious breach of trust and their such course of action is nothing but purported to frustrate the legitimate claim of Complainant and that the aforesaid acts and conduct on the Opposite Party No.1 in making inordinate delay in payment of the Complainant’s deposited amount without providing any justified cause, etc, constitute sheer deficiency in service as well as unfair trade practice on the Opposite Party No.1 for which the Complainant has been suffering a lot due to mental agony, anxiety and harassment besides the huge monetary loss due to non-settlement of maturity amount and the cause of action arose for presenting this application  on 15/03/2013 and 20/04/2013 when the Complainant purchased a fixed deposit from the Opposite Party No.1 and lastly on 29/03/2019 when the Opposite Party No.1 refused the letter of the Ld’ Advocate dated 23/04/2019 and the cause of action has been continuing thereafter as the Claim of the Complainant has not been settled by the Opposite party No.1 till date.

            Complainant filed the complaint petition praying direction upon the opposite party no. 1 to pay the maturity amount of the complainant immediately with up-to-date interest as incorporated in the certificates and to pay sum of Rs.1,00,000/- for compensation and  to pay sum of Rs.50,000/- for mental pain, agony, anxiety and harassment and to pay sum of Rs.50,000/- as litigation cost from opposite parties and to give relief or reliefs which the complainant is entitled to in law and equity.

          Despite receiving notice opposite party no. 1 did not turn up. So, the proceedings do run ex parte against opposite party no. 1.

            The opposite party No. 2 contested the case by filing written version denying inter-alia all the material allegations as leveled against him.  This opposite party submits that after maturity the Complainant through Opposite Party No.2 sent original 3 certificates along with maturity documents for encashment and upon receipt of the same the Opposite Party No.1 kept mum and neither responded the maturity amount to the Complainant and the Complainant waited some time and requested the Opposite Party No.2 to do something and the Opposite Party No.2 times without number tried to solve the matter which also yielded no result and through Opposite Party No.2 the Complainant invested the above amount to the Opposite Party No.1 and after maturity the Complainant through Opposite Party No.2 sent original 3 certificates along with maturity documents for encashment and upon receipt of the same the Opposite Party No.1 kept mum and neither responded nor paid the maturity amount to the Complainant and the Complainant waited for some time and requested the Opposite  Party No.2 times without number tried to solve the matter which also yielded no result.

            The complainant filed evidence on affidavit which is nothing but replica of complaint petition and supports the averments of the complainant in the complaint petition and denial of the written version of the opposite parties.

            The answering opposite party filed a petition praying for treating his written version as his evidence on affidavit. Subsequently did not turn up during the argument.

     Complainant filed written notes of argument. The evidence on affidavit and written notes of argument of complainant are taken into consideration for passing final order.

      Ex-parte argument against opposite party as advanced by the agent of the complainant heard in full.

  From the discussion herein above, we find the following issues/points for consideration.

Issues/points for consideration

1. Whether the complainant is the consumer of the opposite party or not?
2. Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3. Whether there is any deficiency of service on the part of the opposite party?
4. Whether the complainant is entitled to get relief or not?

DECISIONS WITH REASONS

All the points are taken together for easiness of the discussions of this case.

1. In the light of the discussion hereinabove and from the materials on record, it transpires that the complainant is a Consumer as provided by the spirit of Section 2 (1) (d) (ii) of the Consumer Protection Act, 1986, the complainant here in is a consumer of the opposite party.
2. Both the complainant and the opposite party are residence/having their office addresses within the district of Hooghly. For mental agony and other expenses which is within Rs.2,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
3. The complainant invested a few amount before the opposite party no. 1 through opposite party no. 2 agent. He also stated that he being an old aged person for his future security invested his hard earned money through two fixed deposits amounting to Rs. 25,000/-, deposited on 25.03.2013 and the maturity date is on 14.03.2016 and another fixed deposit issued on 20.04.2013 and the date of maturity is on 19.04.2016. The complainant averred that at the time of deposit the opposite party no. 1 issued two account payee cheques one being no. 136218 dt. 14.03.2016 and another being no. 138822 dt. 19.04.2016 of HDFC bank amounting to Rs.25,000/- each as principal amount. Subsequently the opposite party no. 1 vide its letter dt. 21.12.2013 requested the complainant not present those cheques as fresh cheques will be issued in lieu of those cheques as they have closed their account being no. 12298630000151 of HDFC bank and requested to hand over two cheques. After getting those cheques the opposite party no.1 neither issued fresh cheques to the complainant nor paid his maturity amount till date. After the maturity the complainant sent two certificates through opposite party no. 1 along with maturity document for encashment but after receiving the same opposite party no. 1 kept mum. Then the complainant several time contacted the opposite party no.1 but the opposite party no. 1 took no steps on that pretext. In the month of November 2018, the complainant went to the office of opposite party no. 1 accompanied by opposite party no. 2 but he was harassed by the officials of opposite party no. 1 and he returned back with empty hand. He also requested the opposite party no. 2 to solve the matter but yielded no result. Getting no alternative the complainant sent a demand notice dt. 24.03.2019 stating all the facts which the opposite party no. 1 received on 29.03.2019. Inspite of receiving the said letter the opposite party no.1 did not bother to give any reply. According to this complainant the opposite party no. 1 violated the terms and conditions and caused serious breach of trust. Rather frustrated the complainant by not settling the claim of the complainant caused sheer deficiency in service as well as unfair trade practice for which the complainant has been suffering a lot due to mental agony, anxiety and harassment besides huge monetary loss due to non settlement of maturity amount. The complainant being a senior citizen suffering from different ailments at the fag end of his life needed the said money for his treatment and also for the treatment of his wife who is also a patient of knee problem which require immediate replacement. The complainant willfully and with mala fide intention not paying his legitimate amount which the complainant is entitled to get. The cause of action for presenting application on 15.03.2013 and 20.04.2013 at lastly on 29.03.2019 when the opposite party no. 1 refused the letter of the ld. Advocate of the complainant. So, the complainant filed the instant complaint before this Forum praying directions to pay the maturity amount immediately with up-to-date interest, Rs. 1,00,000/- for compensation, Rs. 50,000/- for mental pain, agony, anxiety and harassment caused by the opposite party no. 1 and litigation cost of Rs. 50,000/-.

It appears from the photocopy of fixed deposit receipt of NEESA LEISURE LIMITED dt. 15.03.2013 in the name of complainant Pravas Chandra Nag amounting to Rs. 25,000/-, period of interested 36 months, rate of interest 12.5%, date of maturity 14.03.2016 and maturity amount is Rs. 25,000/-. The photocopy of the cheque of the complainant speaks that the complainant paid Rs.25,000/- by an account payee cheque being no. 067755 dt. 12.03.2013 paid in favour of ‘NEESA LEISURE LIMITED – Fixed Deposit Collection Account’.

Another investment of Rs.25,000/- being fix deposit receipt of NEESA LEISURE LIMITED dt. 20.04.2013 in the name of complainant, Pravas Chandra Nag amounting to Rs.25,000/-, period of interested 36 months, rate of interest 12.5, date of maturity 19.04.2016 and maturity amount is Rs.36,167/-.

The complainant paid Rs. 25,000/- by an account payee cheque being no. 545136 dt. 17.04.2013 paid in favour of ‘NEESA LEISURE LIMITED – Fixed Deposit Collection Account through one Debanjan Nag. The complainant through legal notice dated 24.3.2019 requested the opposite party no.1 to clear the dues within 15 days followed by a reminder. Getting no alternative the complainant filed the instant complainant petition praying directions upon the opposite parties as incorporated in the prayer portion of the complaint petition.

The opposite party no.2 in his written version never discarded the allegations leveled against him. The complainant petition is unchallenged one in respect of opposite party No.1 nowhere had he denied the receipt of money which the complainant invested. But the complainant by producing the documents in respect of investment proved that he is entitled to get the matured amount but the opposite party failed to provide the same which tantamount to deficiency of service on the part of the opposite party.

The documents of investment are produced in Xerox copies. The receipts/certificates are signed by the Director/ Authorised Signatory of the opposite party. So we may presume that the opposite party accepted those invested amounts of the complainant.The complainant by filingevidence on affidavit demanded that he did not receive the matured amount till date and as the opposite party did not meet the demand of the complainant so this complainant getting no alternative filed the instant complaint for getting matured amounts including interest, compensation & cost. This complainant after the expiry of the period as fixed earlier approached the opposite party for getting the matured sum but the opposite party did not show good gesture upon the complainant by paying the matured amounts. As such the opposite party is deficient in providing service to this complainant and he is also in the charge of unfair trade practice. So the demand of the complainant is valid, cogent and at per but not excessive or exorbitant.

Upon perusing the case record and hearing the Ld. Advocate this commission is in the opinion that the complainant case is rightly filed before this commission under the section of Consumer Protection Act,1986 as the section 3 of the act clearly mentioned that the provisions of this act shall be in addition to and not in derogation of the provisions of any other Law for the time being in force. So the complaint petition is deserved to be allowed with cost and compensation. The complainant proved his case by adducing evidence and the opposite parties are deficient in providing service to this complainant and the opposite parties are in the charge of unfair trade practice. So the complainant is entitled to get maturity benefits, including interest @ 10% per annum since the date of maturity till the realization with a litigation cost of Rs.8,000/- from the opposite party within a period of 45 days from the date of passing this order.

The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant has abled to prove his case. As such the Opposite Party is liable to pay compensation to this Complainant as we deem fit and proper.

As it is already proved in the discussion, the deficiency in service and unfair trade practice adopted by the Opposite Party cannot be ousted and as such the Complainant isentitled to get relief(s).

    Hence it is ordered that the complaint case being no. C.C.- 85/2019 be and the same is allowed on ex-parte against the Opposite Party No.1 with a litigation cost of Rs.8,000/- to this complainant.

  The Opposite party No.1 is hereby directed to pay the matured amount plus maturity benefit to this complainant as per his investment of Rs.50,000/- (Rs.25000/-x2), including interest @ 10% since the date of maturity till date of realization and compensation of Rs.40,000/- for mental pain & agony to this complainant within 45 days from the date of passing this  final order.

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

        Opposite party No.2 is exonerated from this Proceedings.

            The Opposite Party is further directed to deposit a sum of Rs.20,000/- 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 ordinary post to the concerned parties as per rules, for information and necessary action.