West Bengal

South 24 Parganas

CC/520/2014

Liakat Ali Thandar, S/O Late Mahaboob Ali Thandar. - Complainant(s)

Versus

1. The Surakshaplus Infrastructure and Projects Ltd. service through its Director. - Opp.Party(s)

31 Aug 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

         C.C. CASE NO. _520_ OF ___2014_

 

DATE OF FILING : 27.10.2014                        DATE OF PASSING JUDGEMENT:  31.8.2015___

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu & Jinjir Bhattacharya

                                                                             

COMPLAINANT             :  Laikat Ali Thandar,s/o late Mahaboob Ali Thandar of

                                              Village Kankhully South Bidhangar, P.O Bidhangar, P.S. Rabindgar,

                                               Dist. South 24-Parganas.

 

-VERSUS  -

 

O.P/O.Ps                            : 1.   The Surakshaplus Infrastructure and Projects Ltd. service through its Director,

         A.P. Nagar, Sonarpur Bazar, Kolkata – 150.

2.   Sankar Pailan,s/o Pasupati Pailan, Metiyari (Poyagazi Para), Pratapnagar, Sonarpur, Kolkata – 743369 , the Director of Surakshaplus Infracture and project Ltd.

3.    Ratan Naskar,s/o Abhimanyu Naskar, Kabayatpur, South Garia-1, Baruipur South 24-Parganas Pin -743387, The director of Surakshaplus Infrastructure and projects Ltd.

4. Saumen Mondal,s/o Jaydeb Mondal s/o Jaydeb Mondal, Vill. & P.O Pratapnagar, Pin 743330 , the Director of Surakshaplus Infracture and project Ltd.

5.     Yousuf Molla, s/o Dudali Molla, Lalurhat, Mandir Bazar, South 24-parganas, Pin 743338 , the Director of Surakshaplus Infracture and project Ltd.

6.    Giri Dhari Naskar,s/o Indu Bhushan Naskar,Dhop Dhopi , Baruipur, Kol-144, the Director of Surakshaplus Infracture and project Ltd.

7.    Nityanda Baidya,s/o Mstyunsay Baidya, 174, Biswaspara, Baruipur, Mddhya Sitakundu, Ramnagar, Kolkata, Pin -743387, the Director of Surakshaplus Infracture and project Ltd.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Jinjir Bhattacharya, Member

 

             The complainant purchased on 29.06.2012 and 01.10.2012 from the O.P-1 2500 nos. of redeemable preference shares and 3100 nos. of redeemable preference shares of Rs.10 each by depositing Rs.25000/- and Rs.31000/- respectively. O.P nos. 2 to 7 are the directors of the company O.P-1 . Two money receipts of Policy No.146614 & 155794 and two share certificates being no.236790 and 309026 were issued in this regard by the O.Ps. According to these two share certificates, the complainant is entitled to get the maturity amount of Rs.29000/- & Rs.35,340/- only on redemption on 26.09.2013 and 28.09.2013 respectively. After the dates of maturity of these two certificates, the complainant submitted the two certificates in the office of the O.P-1 for which two receipts were issued assuring payments on 26.11.2013 and 28.11.2013. Thereafter the complainant approached the office of the O.p-1 on  several occasion but the matured amount of the two certificates was not paid to the complainant . In the meantime office of the O.P-1 has been closed. The complainant then made a representation through his Advocate to all the O.Ps stating the aforesaid facts and requested to refund the money. In reply to this representation, the O.P nos. 2 & 4 through their Advocate informed the complainant by a letter dated 6.5.2014 that they will pay the amount to the complainant within two months while the other O.Ps did not give any reply to the letter dated 23.4.2014 of the complainant’s Advocate. The O.Ps did not take any step to refund the amount due to the complainant and hence, this case with prayers for such relief/reliefs as contained in the petition of complaint.

            The case proceeded exparte against all the O.Ps . No written version has been filed by any of the seven O.Ps . The complainant made a prayer for treating his petition of complaint as his evidence and the prayer was considered and allowed.

            As the petition of complaint treated as evidence remains unchallenged ,we place reliance upon the same. We have heard arguments of the complainant and perused the petition of complaint as also the documents annexed to it.

            We find that the complainant deposited with the O.P-1 The Suraksha plus Infrastructure & Project Ltd. of A.P Nagon, Sonarpur, South 24-Parganas of which O.P nos. 2 to 7 are directors an amount of Rs.25000/- on 29.06.2012 and Rs.31000/- on 01.10.2012 for purchasing 250 nos of redeemable preference shares and 3100 nos. of redeemable preference shares of Rs.10 each for which certificates being nos. 236790 and 309026 were issued by the O.P-1 . The dates of maturity of these two certificates were 26.09.2013 and 28.09.2013 respectively, as it evident from the copies of certificates filed. It is further revealed from the certificates the amount due upon maturity were Rs.29000/- and Rs.35,340/- totaling Rs.64,340/- . Money receipts were issued by the O.Ps under no.286790 dated 29.6.2012 and 309026 dated 1.10.2012 for receipt of Rs.25000/- and Rs.31000/- from the complainant vide photocopies of the receipts placed with the record. The complainant filed also copies of receipts of applications for full settlement of his claims under Application nos. 29643 and 29650 and copies of his Advocate’s letter dated 23.4.2014 requesting refund and replies to the same given by the Advocate of O.P nos. 2 & 4 on 6.5.2014. The fact remains that the complainant deposited money with the O.Ps on the promise of the O.Ps of refunding the matured sum on or after the maturity date as shown in the certificate issued by the O.Ps for the deposits. The O.Ps failed to pay to the complainant matured sum against the two certificates, in question, after maturity date inspite of receipt of applications for settlement of claims from the complainant and despite assurance given by the O.Ps for making refund in reply to the reminders by the complainant . It is evident that there is deficiency on the part of the O.Ps in rendering services to the complainant. So, the O.Ps are liable to compensate the complainant for the mental agony & harassment caused to him by their negligent acts.

            Hence, we are of the opinion that the petition of the complainant under section 12 of the C.P Act ,1986  should be allowed .

            Hence, it is

                                                                        Ordered

That the petition of complaint is allowed on exparte against the O.Ps with litigation cost of Rs.2000/-.

O.Ps are directed to pay jointly and/or severally to the complainant by account payee cheque a sum of Rs.64,340/- towards the maturity sum of the impugned two deposit certificates within 30 days from the date of this order.

The O.Ps are further directed to pay jointly and/or severally  a compensation of Rs.10,000/- and litigation cost of Rs.2000/- to the complainant by  separate account payee cheques in favour of the complainant within 30 days from the date of this order.

In default, the O.Ps will be liable jointly and/or severally to pay interest on the sum @8% p.a from the date of default till realization.

Let a plain copy of this order be supplied to the parties free of cost.

 

Member                                                           Member                                               President

Dictated and corrected by me

 

 

                        Member

   

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ;

                                                Ordered

That the petition of complaint is allowed on exparte against the O.Ps with litigation cost of Rs.2000/-.

O.Ps are directed to pay jointly and/or severally to the complainant by account payee cheque a sum of Rs.64,340/- towards the maturity sum of the impugned two deposit certificates within 30 days from the date of this order.

The O.Ps are further directed to pay jointly and/or severally  a compensation of Rs.10,000/- and litigation cost of Rs.2000/- to the complainant by  separate account payee cheques in favour of the complainant within 30 days from the date of this order.

In default, the O.Ps will be liable jointly and/or severally to pay interest on the sum @8% p.a from the date of default till realization.

Let a plain copy of this order be supplied to the parties free of cost.

 

Member                                                           Member                                               President