Hon’ble Mr. Subhas Ch. Guin, Member.

The sum and substance of the Complaint petition is that the complainants who are the residents of village Jambari  North P.O.:- Gosanimari  P.S-Dinhata  Dist.- Cooch Behar, opened two Fixed Deposit  MIS scheme in Kamteswari Seba Samabay Krishi Unnayan Samity Ltd which is managed by the Block Development officer, Dinhata-1 Block. The schemes were opened on 04.03.16 and 09.03.16 having account No 10&11 with deposition of principle amount Rs.50000/- each in which Rs.375/- was being paid to the complainants monthly for each  account. But from 11.07.19 onwards monthly interest of  Rs.375/- was not paid to the complainant for both the accounts. After long tussle a sum of Rs.25000/- was paid to the complainants on 18.08.22 although an amount of Rs.5750/- was pending to be paid by the above said Samity. The above said fixed deposits were matured  on 04.03.22 and 09.03.22 but the Samity did not pay the Principal amount of Rs.100000/- along with interest @ Rs.375/- per month for each account. The Complainant appealed to the secretary, sub-divisional Legal service committee for mediation but opposite parties did not turn up before the Ld. Committee. Thereafter, they sent legal notice to the opposite parties thrice but OPs did not respond to that notices. Finding no other alternative, the complainants filed this case before the Commission for redressal of their grievances with the secretary, Kamteswari Seba Samabay Krishi Unnayan Samity Ltd as Op-1, Principal care taker, KSSKUSL as Op-2, Inspector , Co-operative Society Dinhata as OP -3 and Block Development officer, Dinhata  Block-1 as O.P.-4. They prayed to the Commission for direction to the OPs to pay the principal amount of Rs.100000/- alongwith interest of Rs.5750/-. They also prayed for Compensation as they were harassed by the OPS and prayed for any other relief as per law which the Commission deem fit.

Summons were served upon the OPs but they did not turn up before the commission to contest the case. So the commission decided to proceed with the case exparte against the OPS vide its order No:- 03 dt 27.02.23. 

DECISION WITH REASONS

Complainants Mr. Sadhan Biswas and Mr. Bhajan Biswas opened the MIS account No 10 and 11 on 04.03.2016 and 09.03.16 respectively ( Anex-1) with Kamteswari Seba Samabay Krishi Unnayan Samity Ltd  on deposition of principal amount of Rs.50000/- each ( annex-2). The interest of Rs.375/- was being credited to their account on monthly basis for each account upto 5.7.19( Anex-1) but afterward  the interest were not credited to the account of the complainants.  After a long time the O.P.-1  paid Rs.25000/- to the Complainants  for interest. Despite such  payment, Rs.5750/- remained unpaid by the O.P.-1. On the other hand the MIS certificate  got matured on 04.03.22 and 09.03.22 but the O.P.-1 did not  pay the matured amount alongwith interest. The Complainants tried to compromise the matter through sub-divisional Legal service  committee but that attempt was in vain. Thereafter, they sent legal notice to the O.P.-1 thrice but it  yielded nothing.  So, it is evident that they left no stone unturned to get back their hard earned money that were deposited to the O.P.-1 for MIS scheme. They earned some amount for a few month from those deposited amount with some amount remaining unpaid and at the same time principle amount of Rs.100000/- was denied by the O.P.-1. As per terms and condition of the said scheme, the complainants are  supposed to be paid Rs.750/- per month for the two accounts and the principle amount of Rs.100000/- is required to be returned back to the  complainants after 72 months. On completion of 72 months, unpaid interest and the principle amount are denied by the O.P.Thus, the complainants were deprived of their legitimate claim.

Therefore, these activities  of the O.Ps tantamount to unfair trade practice on their part. So, the Complainants are entitled to get relief for the same.

Hence, it is

Ordered

That the complaint case number CC/4/2023 be and the same is allowed exparte against OPS with cost of Rs.10,000/-.

The O.Ps are directed to pay Rs.1,00,000/- (Rs.50,000/- each for two MIS) to the complainants with interest @ 6% Pa from the date of maturity till its realization jointly and or severally.

The O.Ps are directed to pay Rs.5,750/- to the Complainant with interest @ 6% p.a.  from the date of passing the final order till the date of realization jointly and or severally.

The O.Ps are directed to pay Rs.50,000/- for compensation due to mental pain and agony and to pay Rs.10,000/- for litigation cost jointly and or severally. The OPs are further directed to pay the awarded sum within (30) thirty days from the date of this order failing which the awarded sum shall carry an interest @6% pa till its realization.

DA to note in the Trial Register.

Let a plain copy of this order be supplied to the parties concerned by hand/by post forthwith, free of cost for information and necessary action, if any.

The copy of the Final Order is also available in the official Website www.confonet.nic.in.

Dictated and corrected by me.