JUDGEMENT

DATED :15-01-2015.

It is a complaint case for deficiency of service.

The case of the Complainant, in short, is this that the Complainants are the members of the same family and they decided to file the present complaint jointly in a composite manner since the matter of dispute are also most similar in nature and the O.Ps. are also same.  The Complainants invested money in different schemes introduced by the O.Ps. at their Arambagh Branch Office.   On completion of the tenure of deposits the Complainant no.1 & 3 submitted all related original documents to the concerned branch office for availing maturity benefit.  In due consideration the O.Ps. issued A/c Payee Cheque bearing no.760430 dated 25-06-2014 for Rs.12,360/- in favour of the Complainant no.1 and Cheque no.818426 dated 10-07-2014 for Rs.30,000/- in favour of Complainant no.3 and they deposited

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Consumer  Complaint No.14 of  2014.

the said cheque as well as some Vouchers payable in cash by the Branch Office of the O.Ps. for encashment but the said cheques could not be encashed due to insufficient fund and the O.Ps. subsequently by sending letter requested the Complainants to contact with the concerned branch manager for enabling to have fresh cheques in place of the aforesaid cheques but the Branch Manager neglected to replace those three cheques. 

The Complainant no.2 also invested certain amount with the O.Ps. by way of purchasing Debentures bearing no.BARA 35046 and Debenture bearing no.IARA 255936 which are payable to the tune of Rs.30,000/- and Rs.9,000/- respectively and already due for payment on 19-03-2014 and 22-01-2014 as well.  In due time the Complainant no.2 submitted all the original documents to the office of the O.Ps. for getting maturity benefits but still awaiting only.  As the O.Ps. failed and neglected to pay the legitimate maturity amount, the Complainants lodged a complaint before the C.A. & F.B.P. Regional Office, Bankura on 07-07-2014 for initiating necessary mediation process and the Branch Manager of Arambagh appeared in person and agreed for payment but ultimately declined.  Said acts of the O.Ps. amount to deficiency in service and unfair trade practice.  For that reason the Complainants have filed this case praying for direction upon the O.Ps. to pay a sum of Rs.42,360/- and Rs.30,000/- together with interest on and from 25-06-2014 in favour of the Complainant no.1 & 3 and further direction upon the O.Ps. to pay a sum of Rs.39,000/- in favour of the Complainant no.2 together with interest on and from 22-01-2014 and further relief for compensation and litigation cost.

After service of notice the O.Ps. have not appeared in this case and accordingly, the case was heard exparte against them.

Now the question is as to whether the Complainant is entitled to get the relief as prayed for.

                                                             Decision with reasons.  

The Ld. Lawyer for the Complainants has not filed any written notes of argument but has made same submissions as stated in the petition of complaint and the documents already on record.

After going through the petition of complaint supported by affidavit and the Xerox copy of documents on record submitted by the Complainants and in

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Consumer  Complaint No.14 of  2014.

absence of any contrary evidences and documents on record we find that the Complainants have been able to prove their case and are entitled to get the relief as prayed for.

In the circumstances, the above point is answered in favour of the Complainants.

In the result the complaint succeeds.

Hence, it is

                                                                        Ordered

That the Complaint Case no.114 of 2014 is allowed exparte with cost of Rs.5,000/- against the O.Ps.

That the Complainant no.1 & 3 are entitled to get Rs. 42,360 and Rs.30,000/- from the O.Ps.

That the Complainant no.2 is entitled to get Rs.39,000/- from the O.Ps.

That the Complainants are entitled to get Compensation to the extent of Rs.10,000/-  for physical and mental harassment and financial loss, from the O.Ps.

That the O.Ps. are hereby directed to pay Rs.42,360/- to the Complainant No.1 and Rs.30,000/- to the Complainant No.3 and Rs.39,000/- to the Complainant no.2 within two (2) months from the date of this Judgement failing which an interest @ 9% p.a. will be accrued on the said amount from the date of this Judgement till realization.

That the O.Ps. are hereby directed to pay Rs.15,000/- (Rs.5,000/- as Cost and Rs.10,000/- as Compensation) to the Complainants within two months from the date of this Judgement failing which an interest @ 9% p.a. will be accrued on the said amount from the date of this Judgement till realization.

Let a copy of this Judgement be supplied to the parties free of cost as per Rule.

                    (A. AGNIHOTRI)                                                                                                (Y. HALDER)

                        Ld. Member                                                                                                 Ld. President

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