FINAL ORDER/JUDGMENT
SMT. SUKLA SENGUPTA, PRESIDENT
The complainant Gobinda Pradhan is filed this petition of complainant U/S 3.5 of CP Act, 2019 alleging interalia that the OP is running his business of the money marketing and real estate under the jurisdiction of this Commission. It is further stated that the complainant being convinced from a local agent deposited a total sum of Rs.1,48,340/- (Rs. One lakh Forty Eight thousand Three hundred and Forty) only in total as Fixed Deposit. After receiving the money OP issued certificates under the name and style “F 64 Golden A Double”. The maturity date and maturity amount of the same was in respect of Certificate No.465003333964 which was deposited on 30.10.2016 amounting to Rs.29,668/- (Rupees Twenty Nine thousand Six hundred and Sixty Eight) only maturity date 28.02.2022 amounting to Rs.59,336/- (Rupees Fifty Nine thousand Three hundred and Thirty Six) only. The other Four certificates also issued on the same self amount i.e. Rs.29,668/- each deposited on 30.10.2016 and the maturity of all them was on 28.02.2022 and maturity amount is/was Rs.59,336/- each. The total maturity amount is of Rs.2,96,680/- (Rupees Two lakh Ninety Six thousand Six hundred and Eighty) only.
After maturity date, the complainant applied for refund the amount vide letter dated 07.05.2022 but in spite of receiving the said demand letter the OP did not pay any heed to the demand of the complainant and caused mental pain, agony and grievance of the complainant.
The OP willfully neglected to return the maturity value of the certificates which caused monitory loss, harassment and mental agony to the complainant. It amounts to deficiency of service on the part of the OP. The cause of action arose on 28.02.2022. Hence the instant petition of complaint is filed by the complainant to refund the 7 certificates amounting to Rs. 2,96,680 /-in total and also to give direction to the OP to give compensation of Rs.80,000/- for harassment and mental agony along with litigation cot of Rs.10,000/-.
On a close scrutiny of the materials on record, it appears that even after receiving the notice sent by the complainant on 17.05.2022, the OP did not feel any urge to appear before this Commission and to contest the case by filing WV within the statutory period, as a result, the case was fixed ex parte hearing against the OP vide order No.4 dated 13.09.2022 and the matter was heard in ex parte on 22.12.2022.
In view of the above stated pleadings it has to be considered by this Commission
- Whether the case is maintainable in its present form and in law?
- Is the complainant a consumer?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons
All the points are taken up together for convenience of discussion and to avoid unnecessary repetition.
From a close perusal and consideration of the facts and circumstances as well the documents filed by the complainant along with the petition of complaint it appears that this Commission has pecuniary and territorial jurisdiction to try this case.
The case is filed well within the period of limitation and the complainant has sufficient cause of action to file the case.
From the unchallenged testimony of the complainant and also from the materials on record it appears that the complainant deposited a sum of Rs.1,48,340/-(Rs. One lakh Forty Eight thousand Three hundred and Forty) to the OP Humara India Credit Cooperative Ltd. under the name and style “F 64 Golden A Double” as mentioned in filed certificates being the certificate Nos.(i) 465003333964, (ii). 465003333965, (iii), 465003333966, (iv), 465003333967, (v), 465003333968 (5 Certificates) dated 31.10.2016 amounting to Rs.29,668/- (Rupees Twenty Nine thousand Six hundred and Sixty Eight) only each. The maturity date of each of the certificates was 28.02.2022 and the maturity amount was of Rs.59,336/- (Rupees Fifty Nine thousand Three hundred and Thirty Six) only each. The complainant alleged in his petition of complaint as well as evidence that after maturity of those certificates i.e. after 28.02.2022 the complainant requested in writing to the OP to refund the maturity value in total amounting to Rs.2,96,680/- (Rupees Two lakh Ninety Six thousand Six hundred and Eighty) only but the OP did not pay any heed to his request either orally or in writing and caused financial loss to the complainant along with harassment and metal agony which means there is/ was deficiency of service on the part of the OP.
On careful consideration of the unchallenged testimony of the complainant and also material on record this Commission did not find any reason to disbelieve t evidence of the complainant and opined that the complainant is a consumer under the OP as and when he purchased the 5 certificates of “F 64 Golden A Double” of Rs.29,668/- only each and the OP by defaulting the payment of the maturity amount after the maturity dates of each certificates dated 28.02.2022 caused deficiency in service to its consumer i.e. to the complainant and also caused harassment, mental pain agony to the complainant for which the OP is liable to compensate to him.
Hence, in view of the discussion made above it has to be decided by this commission that being a consumer under the OP the complainant could be able to prove his case beyond all reasonable doubt and entitled to get the relief as prayed for.
The case is properly stamped.
All the points are thus decided accordingly.
Hence,
ORDERED
that the case be and the same is allowed ex parte against the OP Humara India Credit Cooperative Ltd. with cost.
The complainant do get the ex parte decree against the OP.
The OP is directed to refund the maturity value of seven certificates being certificate Nos.(i) 465003333964, (ii). 465003333965, (iii), 465003333966, (iv), 465003333967, (v), 465003333968 amounting to Rs. 29,668/- (Rupees Twenty Nine thousand Six hundred and Sixty Eight) only each and total maturity value of Rs.2,96,680/- (Rupees Two lakh Ninety Six thousand Six hundred and Eighty) only along with interest @ 9% p.a. on the amount mentioned above from the date of filing of this case till realization of the entire amount.
The OP is also directed to pay compensation of Rs.80,000/- (Rupees Eighty thousand) only to the complainant for mental pain, agony and harassment along with Rs.3,000/- (Rupees Three thousand) only towards litigation cost.
The OP is further directed to pay the entire decreetal amount as mentioned above within 45 days from the date of this order. In default the complainant is entitled to get simple interest @ 6% p.a. on the entire decreetal amount from the date of default till realization.
If the OP would fail to comply the decree within the stipulated period as mentioned above the complainant would be at liberty to execute the same as per law.
Let a copy of this order be handed over to the complainant free of cost.
