DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C. CASE NO. 345 OF 2015
DATE OF FILING:28.7.2015 DATE OF JUDGEMENT: _17.7.2019
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad
COMPLAINANT : Biswajit Das, C/o . Mr. M.M. Das, Vill- Kantapukuria, P.O Gocharan, P.S Joynagar, Dist. South 24-Parganas, Pin-743391. P.S Joynagar.
O.P/O.Ps : 1. Biswajit Natuya (C.M.D.) , SP.N.E.G.P India Ltd. Majilpur Bamandeb Bhattacharya Road, Joynagar Majilpur, South 24-Parganas, P.S Joynagar, Pin-743337.
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JUDGMENT
Sri Ananta Kumar Kapri, President
When the O.P as abovenamed has failed to return the maturity value of the money invested by the complainant, the complainant has filed the instant case under section 12, C.P Act, 1986, alleging deficiency in service on the part of the O.P.
Facts leading to the filing of the instant case by the complainant may be epitomized as follows.
The O.P runs a company under the name and style “SP Natural Echo Green Projects India Ltd.”. The complainant invested Rs.3000/- month by month in the company of the O.P since 30.11.2011 for a continuous period of 19 months. The maturity date of the said policy was on 30.5.2014 and the maturity amount was Rs.68,400/-.
Further, the complainant also invested a lump sum of Rs.20,000/- on 30.12.2011 for a period of 30 months with the aforesaid company of the O.P and the maturity date of the said amount was on 30.6.2014 and maturity value thereof was Rs.28000/-. The O.P did not pay the maturity value to the complainant inspite of several requests made on behalf of the complainant to the O.P. He i.e the O.P only paid Rs.11,500/-to the complainant as stated by the complainant in his petition of complaint. So, having no other alternative open to the complainant for recovery of the amount invested by him, he filed the instant case, praying for issuing a direction to the O.P to pay Rs.96000/- as maturity value of the policy and a sum of Rs.50,000/- as compensation. Hence, the case.
Admitting the claim of the complainant, the O.P has filed written version ,wherein it is stated by him that his business fell due to sudden demise of his partner and notwithstanding this fact , he has been paying the amount to the investors. He has also paid Rs.11,500/- to the complainant and the balance amount will be paid by him to the complainant in due course of time.
DECISION WITH REASONS
It is the case of the complainant that he invested money with the company of the O.P and that the O.P has not returned the maturity value of that money to the complainant. According to the complainant, the complainant is entitled to get Rs.68,400/- from the O.P for investment dated 30.11.2011 and Rs.28000/- for investment dated 30.12.2011. This averment of the complainant has been admitted by the O.P and this being so, we find no obstacle to pass a decree on admission for the aforesaid amount as claimed by the complainant.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed on admission against the O.P with a cost of Rs.10,000/-.
The O.P is directed to make payment of Rs.96,000/- to the complainant with interest @8% p.a from the date of maturity i.e 30.6.2014 till full realization thereof, within a month of this order .
He i.e the O.P is also directed to pay a sum of Rs.20,000/- as compensation for harassment and mental agony caused to the complainant by the O.P ,within a month of this order ,failing which the compensation amount and cost amount will also bear interest @8% p.a till full realization thereof.
Registrar-In-Charge of this Forum is directed to send a copy of the judgment free of cost at once to the parties concerned by speed post.
President
I / We agree
Member
Dictated and corrected by me
President
