Date of filing : 24.11.2014
Date of S/R : 10.06.2015
Date of Order : 01.09.2015
Shri Shyamal Kumar Mondal,
S/o Lt. Gopal Chandra Mondal,
Residing at village-Chali Dhauria,
P.O. –Kalyanpur, P.S.- Bagnan,
District-Howrah-711303……………………………………………………….Complainant
Vs.
TOWER INFOTECH LTD.,
Represented by its Director,
Having registered office at 1/20, Juktanagar, ,
P.G.M. SHAH Road Kolkata-700 045,
Corporate office at 154, Lenin Sarani, 5th floor,
Kolkata-700 013 and Branch office at
2nd floor, Post office Building, Village+P.O.-Bagnan,
District-Howrah-711303
P R E S E N T
………………………………………………………………………………………..
President : Shri B. D. Nanda.
Member: Shri A. K. Pathak.
F I N A LO R D E R
This is an application U/s 12 of the Consumer Protection Act, filed by the Petitioner, Shri Shyamal Kumar Mondal against the O.P.s, Tower Infotech Ltd. , praying for direction upon the O.P. to pay Rs. 78,600 plus interest and also to pay him compensation of Rs. 50,000/- for physical harassment and mental agony and Rs. 10,000/- as litigation cost.
The case of the petitioner is that he invested Rs. 72000/- in the recurring scheme of the O.P. on 08.10.2012 on payment of 12 instalments and date of maturity was 08.09.2013 and the maturity amount was 78,600/- and due certificate was issued to him being certificate No. 51875 . After maturity when the petitioner requested to the O.P. to make payment of the maturity amount then the O.P. was found reluctant to make payment. The petitioner even went to the corporate office of the O.P. and understood that he became a victim of the unfair trade practice of the O.P. and then filed this case.
The only point is decided here is whether the petitioner is entitled to get the relief as prayed for ?
The O.P. though served with notice did not appear and thus the case is heard exparte against him.
The only point is decided here is whether the petitioner is entitled to get the relief as prayed for ?
Decision with reason
This Forum heard the ld. Counsel of the petitioner and also had gone through the BNA filed by the petitioner . In support of his case the petitioner , Shri Shyamal Kr. Mondal filed affidavit and also the certificate issued by Tower Infotech Ltd which proved the case of the petitioner as in the said documents there is clear mention of the informations given by the petitioner in respect of payment of 1st installment to last installment and the total payment of 12 installments as well as the maturity value of Rs. 78,600/- on 08.10.2013 and all his evidence went unchallenged and there is nothing to disbelieved the case of the petitioner. The petitioner submitted that though there was talk of 12 installments of Rs. 6000/- p.m. yet he paid the whole amount of Rs, 72000/- which was the actual investment made by him and this Forum accepts the exparte evidences of the petitioner as all going unchallenged.
In view of above discussion and finds the case of the petitioner succeeds
Court fees paid is correct.
Hence,
Ordered,
that the Consumer Case No. 601/2014 be and the same is allowed exparte against the O.P. with cost .
The petitioner is entitled Rs. 78,600/- plus 9% interest from the date of maturity till realization .
The O.P. is directed to pay Rs. 78,600/- being the matured value of the deposit and Rs. 20,000/- for physical harassment and mental agony and Rs. 10,000/- as litigation cost within 30 days from the date of order failing the petitioner would be at liberty to put the order in execution as well as the whole amount would carry interest @ 9% till realization .
Supply the copy of the order to the parties free of cost.
Dictated and corrected
by me
( B. D. Nanda)
President, C.D.R.F. Howrah
