FINAL ORDER / JUDGEMENT

The complainant’s case is regarding deficiency of services, gross negligence and unfair trade practices meted out to the Complt. by the O.P. whose main objective is to raise funds fraudulently from the public for developing his own business. The Complt., is a consumer of the O.P. under section 12 of C.P. Act, 1986. The Complt. invested Rs. 50,000/- in Fixed Deposit Scheme which would mature on 06.09.2018 to amount Rs. 1,17,500/- in the company of the O.P., through an agent of the O.P.(details provided in Annexure-P1). The O.P. also issued certificate to the Complt. accordingly. However, even after the maturity of the said tenure, the O.P. did not care to credit the amount to the Complt. despite several requests of the Complt. The Complt. alleges severe harassment, mal-activities, financial negligence, agony and gross negligence against the O.P. Thus the Complt. prays to this Commission for:

1. Direction to the O.P. to pay Complt. Rs 1,17,500/-(for maturity amount+ interest till realization of the said amount)
2. Direction to the O.P. to pay Rs. 20,000/- to the Complt. for causing physical and mental harassment and litigation cost of Rs. 5,000/-

Point for decision

Is the complainant entitled to get the relief as prayed for?

Decision with reasons

                To prove his case the Complt. has tendered his written examination-in-chief supported by evidence on affidavit and he has also filed photocopies of all relevant documents in support of his case.

                 We have gone through the said evidence of the Complt. and the documents filed by him.

                It appears that in his evidence the Complt. has fully corroborated his case of the petition of the complaint and the documents filed by him also lend support to the case of the Complt. So in view of the said evidence of the Complt. and the documents filed by him, remaining un-challenged, it is held that the Complt.’s case is proved and he is entitled to get the reliefs as sought for.     

Hence,

                            It is,

                                                       ORDERED

        That the instant case no. 147/2019 is allowed ex-parte with cost against the O.P.

        O.P. is directed to pay the Complt., an amount of Rs 1,17,500/-.

        O.P. is further directed to pay Rs. 10,000/- to the Complt. as compensation for mental and physical harassment and Rs, 2000/- to the Complt. as litigation cost.

        All such payments are to be made within 45 days from the date of this order.

        Let a free copy of this order be given to the Complt. free of cost.

        Dictated and corrected by me.

Sankar Kumar Ghosh

President, D.C.D.R.C.

Howrah.