Order-31.

Date-21/05/2015.

Complainant Sri Harihar Dhar by filing this complaint has submitted that op launched a scheme under the name Deferred Earning Scheme and same was for five years and op through its agent convinced the public at large that the said scheme as launched by the op was beneficial to the public in the matter of investment of money and it was convinced that the re3tuen against investment was absolutely secured and the op had no hidden agenda and particularly it was further convinced that mutual benefit society was a recognized by the Central Government and being allured and convinced by its representation of the op and his agent, the complainant agreed to deposit an amount of Rs. 56,000/- and op took signature of the complainant in different printed forms and papers and this complainant put his signatures in those Forms and papers totally on good faith.

          On receiving the said amount, op handed over Deferred Earning Scheme Certificate being No. 41249 dated 21.01.2006 and as per said certificate, as well as the terms and conditions of the policy complainant was informed by the op that complainant is entitled to receive of Rs. 1,260/- only per quarter from 21.04.2006 to 21.01.2011 and Rs. 56,000/- on presentation of the certificate on or after 21.01.2011.

          After lapse of 5 years, complainant made demand of the matured amount as per terms of the scheme but the op deferred the matter regarding payment with false pretext and when op asked the complainant to visit the op’s office and complainant visited the office of the op and attended its officials but fact remains that for last more or less two years, this complainant by incurring huge expenses with regard to taxi fare or bus fare etc. met with the op.  But on each occasion the op failed and neglected to keep its commitment.

          Ultimately op issued an account payee cheque of Rs. 40,160/- being cheque No. 135121 dated 29.05.2013 drawn on State Bank of India Entally, Kolkata and complainant received the said cheque with objection on the ground that payment was not made by the op as per agreed terms and in such situation complainant had to receive the said cheque under compulsion and complainant placed the said cheque of Rs. 40,160/- before his banker UCO Bank, Bowbazar Branch for encashment of the said amount but the cheque was bounced back and dishonoured on the reason no.12 Drawers Signature differs as evident from the cheque returning Memo dated 06.06.2013 issued by UCO Bank,Bowbazar Branch.

          After that complainant visited the op’s office and intimated the fact of dishonour of cheque when op asked the complainant to visit the op in the last part of June, 2013 as authorized signatory was not available for a month and at that point of juncture, the complainant had no reason to disbelieve the op.  Thereafter complainant went to the office of the op on 28.06.2013 and complainant was informed that op was not in a position to issue a fresh cheque in favour of the complainant and assigning the same reason.  But complainant has no need to visit the office of the op and he shall be informed by telephone and relying upon such assertion, complainant came back.  But even then on tricky ground op has not paid the entire amount and by that way they grabbed the amount and for the deficient and negligent manner of service and for deceiving the complainant in such a manner, complainant suffered much and he has been harassed by the op and it is no doubt unfair trade practice for which complainant filed this case for redressal against the op.

          On the other hand op by filing written statement submitted that without approaching the op for issuance of a fresh cheque complainant had directly approached the Ld. Forum for redressal and in fact a cheque was issued but it was dishonoured and said amount was given as a loan and same is not maturity amount and op stated that if Forum directs for payment to the complainant it shall be paid and further submitted that with some false allegations this complaint is filed.  Lastly it is submitted by the op that if complainant would approach the op intimating the company of such mismatch in signature, it would be a matter of a day to issue a fresh cheque in that event.  But complainant has taken tricky path by filing a concocted complaint for which the complaint should be dismissed.

                                                      Decision with reasons

          On proper evaluation of the complaint and written version and also the materials on record and further on proper assessment of the argument as advanced by both the parties, it is clear that complainant’s allegations are true in view of the fact that op has admitted that they issued a cheque of Rs. 40,160/- being cheque No. 135121 dated 29.05.2013 and admitted fact is that the cheque is dishonoured or mismatched in signature of the op’s company.  But op has admitted that they are willing to pay the same to the complainant if complainant would approach in proper form.

          But considering the written version, it is clear that invariably complainant went to the office of the op for issuing a fresh cheque but that was not done, not only that in the written statement op has not specifically mentioned that they issued a fresh cheque and this matter can easily be disposed if op would be honest in his expression by issuing other fresh cheque by filing such objection, but that has not been done.  This op Usha Mutual Benefit Society Ltd. has grabbed huge money of general public and they are harassing the public at large for which such sort of case has been filed.

          In the present case op has shown their dishonest impression and in fact they have their no desire to clear the matured amount of the complainant for which they have filed a lengthy written statement.  They have no materials and they have failed to dispose the allegation of the complainant by any means.  On the contrary allegation of the complainant is fully proved by the conduct of the op and it is the evidence from their written version.

          Considering all the above fact and circumstances and materials, we are convinced to hold that complainant is no doubt entitled to get Rs. 56,000/- from the op which ought to have been paid by 21.01.2014 or within one month from the fixed date but that has not been paid as yet.  Truth is that a cheque was issued in respect of Rs. 40,160/- on 29.05.2013 but it was bounced or dishonoured on the ground that the authorized signatory was mismatched that means this cheque was issued by some other person’s signature to deceive the complainant by the op.  so such sort of activity on the part of op is no doubt is unfair trade practice and only for deceiving the complainant or harass the complainant, this op issued such type of fake cheque.

          So, no doubt the cause of action arose on and from filing of the said cheque on 06.06.2013 and fact remains that in this case the complaint was filed by the complainant on 08.01.2014 which is within the limitation period and for which this complaint succeeds and complainant is entitled to get relief as prayed for.

          Hence, it is

                                                         ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs. 10,000/- against the op.

          Op is hereby directed to pay a sum of Rs. 56,000/- to the complainant and also interest  at the rate 10 percent p.a. w.e.f. 21.02.2011 and till its full payment.

          For causing mental pain and agony and also for sufferings the old senior citizen in such a manner and for adopting unfair trade practice and for deceiving the complainant and also for negligent and deficient manner of service, op shall have to pay penal damages of Rs. 20,000/- to the complainant.

          Ops shall have to pay litigation cost of Rs. 10,000/- + refund amount of Rs. 56,000/- with 10 percent interest p.a. w.e.f. 21.02.2011 till full satisfaction of the decree and also compensation of Rs. 20,000/- within one month from the date of this order, failing which for non-compliance of the Forum’s order and for disobeyance of Forum’s order, op shall have to pay penal interest  at the rate Rs. 200/- per day till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.

          Even if op fails to comply the order and if it is found that they are reluctant to comply the order, in that case, penal action u/s 27 of C.P. Act 1986 shall be started for which further penalty and fine shall be imposed for which op shall be liable for that.