Order No:26

The complaint is present today. Final order is ready. The order copy is sealed in envelop and it is declared in open Commission.

                                                                         FINAL ORDER/JUDGEMENT

Sri Jagadish Chandra Barman,  MEMBER

            The facts leading to the filing of the instant case by the complainant may be précised as follows:-

            This is a complaint case under Section 12 of the Consumer Protection Act 1986. As per statement, on 31/01/2013 and 08/03/2013 the complainant purchased 1000 [one thousand] NON CONVERTIBLE REDEEMABLE SECURED DEBENTURES  and 1000 [ one thousand] Redeemable Preference Shares  of each  Rs. 10 by depositing Rs. 10,000 and Rs.10,000 respectively from Sonarpur Branch  Office  of the opposite parties. The O. Ps., also  against  2 money receipts  of policy no 174704 and 179619,  had issued  one Debenture Certificate  being no- 429340 and one Share Certificate  being o- 469955. Photo copies of the Debenture Certificate and Share Certificate are also enclosed with the main complaint petition.

          As per statement, the complainant is entitled to get the maturity amount Rs. 11,400=00 only   as the said Debenture Certificate was matured on 30/01/2014. The complainant is also entitled to get the maturity amount Rs. 11,400=00 only   as the said Share Certificate was matured on 07/3/2014. In total the complainant is entitled to get matured amount  Rs. 22,800.00=00 only.

          The complainant, thereafter, had approached several times to the O.P. NO-1 and O. P. No 2 and other O.Ps. to pay the matured amount of Debenture Certificate as well as  Share Certificate  amounting  in total Rs. 22,800=00 only. But till today, the complainant did not get her matured amount Rs. 22,800=00 only.

          The complainant, thereafter, found the Offices under lock and key of both the offices of Sonarpur and she became puzzled.  She then met the Directors and O.P.  nos. 3 to 8  in their respective houses  and then the O.Ps. had assured her to pay soon the matured amount Rs. 22,800.00 only. But all her efforts were in vain.

         Worried upon the fate of the matured amount, the complainant sent a advocate letter on 11/9/2017 through speed post. The O. P. No- 8 had received the advocate’s letter and other O.Ps. avoided to receive the letters. So, other letters were returned  to her with postal remarks `moved` and `left`.

        Finding no other alternative, the Complainant filed this instant C.C. No-165/2017 before the Ld. Commission for adjudication. The complainant has sought the following relieves:-

1. To issue an order to the opposite parties to refund the maturity money of the complainant amounting to Rs. 22,800.00 only  with interest;
2.  To issue an order to the opposite parties to pay  a sum of Rs. 1,00,000.00 only  as compensation  for the loss and mental agony suffered;
3. To issue an order to the opposite parties to pay a sum of Rs. 1,00,000.00 only as cost of litigation;
4. To issue any other order to the opposite parties as the Hon`ble Commission may deem fit.

             Accordingly admission hearing was held on 10.01.2018. After hearing and perusal of the materials found in the petition, the case was not admitted due to time bar as  the  Debenture Certificate was matured on 30/01/2014 and  Share Certificate  was matured on 07/03/2014. The instant C. C. No.165 was not filed within a time limit of 2 year. Hence, it was Ordered, “that the complaint case is not admitted  as being barred by limitation.”

             Being aggrieved and dissatisfied upon the  Order of rejection by the District Consumer Disputes Redressal Forum, South 24 Parganas, the complainant  preferred an Appeal before The  Hon`ble State Consumer Disputes Redreessal  Commission, West Bengal vide no- A/132/2018.  The Appeal was heard and allowed in part. The Hon`ble SCDRC was also pleased to remand  the Appeal to  the DCDRF, 24 Parganas south with a direction to hear  the case on merit  after servicing of show cause notices upon the Respondents/.O. Ps. .The Hon`ble SCDRC, setting aside the impugned order of the LD. Forum,  directed the appellant/complainant to appear before the Ld. Forum on 13/01/2020.

               The complainant appeared on 13/01/2020 by filing a put up petition along with the Order of the Hon`ble SCDRC. As per direction of the hon`ble Commission, show cause notices were served upon all the O.Ps. But except O.P.No-8, all other notices were not served satisfactorily. Hence, the complainant was directed to take fresh steps upon the O.Ps.. Accordingly, the complainant published a notice in the daily news paper “PRATIDIN” on Wednesday, 16^th Feb. 2022 with the direction to appear and file written version on 16/3/2022 before the LD. Commission, Baruipur, South 24 Parganas.

           But none of the opposite parties appeared before the Ld. Commission and filed written version. Hence, complaint case was declared `EX-PARTE ` on 04/04/2022.

          So the complaint of the instant case is remained unchallenged.

                   Upon the averments of the complaint petition, the following points are formulated:-

POINTS FOR DETERMINATION

1].    Is the complainant a consumer?

2]    Are the O. Ps.  guilty of deficiency of services and unfair trade practice as alleged by the complainant?

3]      Is the complainant entitled to get relief /relieves as prayed for?

EVIDENCE OF THE COMPLAINANT

              The complainant filed evidence on affidavit along with annexures on 22/4/2022 and also BNA on 31.5.2022.

DECICIONS WITH REASONS.

Point no. 1, 2, & 3.

          As per statement, on 31/01/2013 and 08/03/2013 the complainant purchased 1000 [one thousand] NON CONVERTIBLE REDEEMABLE SECURED DEBENTURES  and 1000 [ one thousand] Redeemable Preference Shares  of each  Rs. 10 by depositing Rs.10,000 and  also Rs.10,000 respectively from Sonarpur Branch  Office  of the opposite parties. The O. Ps., also  against  2 money receipts  of policy no 174704 and 179619,  had issued  one Debenture Certificate  being no- 429340 and one Share Certificate  being o- 469955.

       Therefore, there is no doubt that complainant is certainly a `CONSUMER` under Section 2[d]  of the Consumer Protection Act 1986.

       In relation to point for determination no 2 ‘’Are the O. Ps.  guilty of deficiency of services and unfair trade practice as alleged by the complainant?”, and point for determination no 3 “ Is the complainant entitled to get relief /relieves as prayed for? ”- it is relevant to say that in this instant case, the complainant possess one Debenture Certificate and a Share Certificate.  Hence, the complainant is entitled to get the maturity amount [Rs. 11,400/-,+ Rs.11,400/-] in total Rs 22,800.00 only .The said Debenture Certificate had been redeemed and matured on 30/01/2014. The concerned Share Certificate was also matured on 7.3.2014.

        The complainant, thereafter, had approached several times to the O.P. NO-1, 2 and other O.Ps. to pay the matured amount of Debenture Certificate as well as  Share Certificate amounting to Rs. 22,800.00 only. But till today, the complainant did not get her matured amount Rs. 22,800=00 only.

         Worried upon the fate of the matured amount, the complainant sent an advocate letter on 11/9/2017 through speed post. The O. P. No. 8 received the  advocate letter and other letters were returned  to her with postal remarks `moved` and `left`.

         Hence, it is clear from the fact and circumstances, that deficiency of service under Section 2(11) and unfair trade practice under Section 2[47] of the Consumer Protection Act 1986 have been caused by the Opposite Parties.

          Hence, the O. Ps. are jointly/severally   liable to be penalized Rs.15, 000=00 only as litigation cost, Rs. 25,000=00 only as compensation amount to be paid to the complainant within 45 days from the date of issuing this order.

        All the O.Ps. are either jointly or severally also liable to refund the maturity amount Rs. 22,800=00 only to the complainant with 10% simple interest from the date of maturity.

     As a result, the complaint case succeeds.

Hence, it is

ORDERED

            That the complaint case be and the same is hereby allowed Ex-parte against the opposite parties with a cost of Rs. 15,000=00 (Fifteen thousand) only.

           The opposite parties are directed to pay Rs. 25,000=00 (Rs. Twenty five thousand) only as compensation amount for their deficiency in service occurred under Section 2(11) and unfair trade practice occurred under Section 2 (47) of the Consumer Protection Act 1986.

           The opposite Parties are directed to refund jointly or severally Rs. 22,800=00 only as maturity amount with 10% simple interest to the complainant from the date of maturity on 7/3/2014, and till the date of realization.

           The opposite parties are liable either severally or jointly to pay cost of litigation and compensation amount within 45 days from the date of issuing this order in default 7% simple interest will be borne by the O.Ps. from the date of issuing this order  till the date of realization.

           The Complainant is at liberty to file Execution Case against the O. Ps.  before this Ld. Commission for non-compliance of the order by the O.Ps. but after 45 days.

             Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.

 The final order be also available in www.confonet.nic.in  .

Dictated and Corrected by me.

  ( Jagadish Chandra Barman)                             

            (MEMBER)