Hon'ble Mrs. Rumpa Mandal, Member.
This case arises out of a complaint U/sec 12 of the consumer protection Act, 1986.
The case of the Complainant in a nutshell is that complaint Sri Anil Chandra Deb Sharma has purchased 10 certificates (ten) in number the description of which has been given in the complaint. The said certificates were matured on 14.05.2012, 17.05.2012, 18.05.2012,21.05.2012,23.05.2012,25.05.2012,30.05.12,and lastly on 31.05.2012.
Subsequently, on maturity, on being approached by the Complainant O.Ps failed to make payment of amount of maturity. Despite filing written complaint by the Complainant on 31.01.2019 with the O.P.No.1 & 2 he did not receive any positive response and finally, he was compelled to file the written complaint before this Commission praying for relief in terms of the complaint.
The O.Ps did not contest this case by filing written version, evidence on affidavit and written argument.
The O.Ps were absent without taking any steps since long time. They did not turn up before this commission to contest the case further. Accordingly, the case has been heard ex-parte.
During argument the Ld. Counsel for the O.P did not file any written argument & did not appear before this Commission for the argument as the matter has been heard ex-parte. The O.Ps did not raise any dispute about the purchase of certificates by the Complainant from them. The said certificates were matured and these were also not disputed.
After perusing the entire case record and the documentary evidence filed by the Complainant through evidence on affidavit, the original certificates and the self attested copies of the post office savings books it stands proved that the Complainant is a consumer under the CP Act and he had made investment with O.Ps. So he should not be deprived of the returns from his investment.
It is also proved that on maturity of his investment the Complainant did not get beck his return on the maturity. The savings bank pass book of the Post office also proved that the Complainant had money to purchase the certificates at the time of making the investment with the OP Company.
The O.P could not lead any evidence to discard the evidence of the Complainant in as much as the case is heard ex-parte.
Thus after assessing the pleading of the Complainant and the unchallenged documentary evidence adduced before this commission it stands well proved that the Complainant is entitled to get relief prayed for as the matter is heard ex-parte.
In the result the case succeeds ex-parte.
Hence, it is
Ordered
That the instant case be and the same is allowed ex-parte against the O.Ps.
The Opposite Parties are directed to pay a sum of Rs.4,88,388/- with interest @6% per annum from the date of passing this order till the date of recovery of the entire amount to the Complainant. O.Ps are also directed to pay the said decretal amount of Rs.4,88,388/- together with the interest @6% PA, Rs.80,000/- for mental pain and agony & litigation cost of Rs.20,000/- to the Complainant within 15 days of passing this order in default the Complainant shall be entitled to get an interest @ 6% per annum on the entire decretal money from the date of passing the order till the date of realization of the decretal amount.
Let a plain copy of this order be supplied to the O.Ps with free of cost.
The copy of the Judgment also available in the official Website www.confonet.nic.in.
Dictated and corrected by me.