Date of filing : 15.07.2019

Judgment : Dt.07.10.2020

Mrs. Sashi Kala Basu, Hon’ble President

            This complaint is filed by the Complainant namely Sri Sourav Kumar Chakravarty under section 12 of the Consumer Protection Act 1986, against opposite parties namely – (1) Teachers’ Welfare Credit & Holding Ltd. and (2) Sri Swapan Ghosh the Director, alleging deficiency in service on their part.

            Case of the Complainant in short is that opposite parties i.e. O.P. No.1 the Company and OP No.2 being its Director, introduced themselves as Govt. Registered non-banking institution and induced the Complainant to keep fixed deposit at their institution with the assurance that they would return back the matured value on due date. So, Complainant deposited with the opposite parties a sum of Rs.2,00,000/- on 29.12.2012 for 66 months which has been matured on 29.06.2018 along with interest @ 12.5% having maturity value of Rs.4,00,000/-. On maturity of the aforesaid sum Complainant requested the opposite parties several times but opposite parties did not return back the matured value of the deposited amount to the Complainant. So, the present case is filed by the Complainant praying for directing the opposite parties to return back the matured value of the deposit to the Complainant, to pay interest on the amount from the date of the maturity, to pay Compensation for mental agony and harassment and for litigation cost.

            On perusal of the record, it appears that in spite of service of notice, as no step was taken by the opposite parties, case proceeded ex-parte against them.

            Complainant has filed the certificate issued by the opposite party and has annexed with the complaint copy of certificate of Registration issued by R.B.I. dt.19.01.1991 and copy of Aadhar Card.

            So, the only point requires determination is whether the Complainant is entitled to the relief as prayed for.

            Decision with reason

            Complainant has claimed that he deposited a sum of Rs.2,00,000/- with the opposite parties and on receiving the said sum, a certificate was issued. On perusal of the certificate or the receipt filed by the Complainant, it appears that amount was deposited on 29.12.2012 and it was to be matured on 29.06.2018. Amount payable on maturity has been stated as Rs.4,00,000/-. Complainant has claimed that in spite of repeated request and visit to the office of the OP, they have not paid the matured sum. The certificate or the receipt bearing No.28398/33689 A/C No.G/28398/14/66 filed by the Complainant establishes his claim especially as no contrary  material is forthcoming before this Commission. So, as there has been unfair trade practice, Complainant is entitled to the reliefs as prayed.

            Hence

                            Ordered

            CC/345/2019 is allowed ex-parte. Opposite parties are directed to pay the matured sum of Rs.4,00,000/- to the Complainant within two months from the date of this order along with interest @ 7% on the said sum from the date of maturity to till this date, in default the entire sum shall carry interest @ 7% till realisation. Opposite parties are further directed to pay litigation cost of Rs.8,000/- within the aforementioned period of two months. Complainant shall return the original certificate/receipt to the Opposite Party on such payment by the OP.