West Bengal

South 24 Parganas

CC/97/2016

Mrs. Rekha Chakraborty, Wife of Late Nani Gopal Chakraborty. - Complainant(s)

Versus

1.Alchemist Infra Realty Ltd. Gol Park Branch. - Opp.Party(s)

Shri Ashok Kumar Singh.

28 Feb 2017

ORDER

                                                                                                                                                                                                                                                                                                                                                                                                                DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS ,

AMANTRAN COMPLEX, BARUIPUR,KOLKATA-144

 

                C.C. CASE NO. _97   OF ___2016____

 

DATE OF FILING : 7.9.2016                                   DATE OF PASSING JUDGEMENT: 28.02.2017

 

Present                         :   President       :  

 

                                        Member(s)    :  Smt.  Sharmi Basu         & Subrata Sarker

 

COMPLAINANT                   :  Mrs. Rekha Chakraborty,w/o late Noni Gopal Chakraborty of 50, Purba Ful Bagan, P.O Baghajatin, Kolkata -86.

 

-VERSUS  -

 

O.P/O.Ps                                :     1.    Alchemist Infra Realty Limited at Golpark Branch, 8A, Ballygunge Terrace , Ground floor, Kolkata – 29.

                                                    2.     Alchemist Infra Realty Limited, Baruipur Branch, Subhash Complex, padmapukur, 2^nd floor, Kolkata – 144.

                                                   3.        Alchemist Township India Limited, Golpark Branch, 8A, Ballygunge Terrace, Ground Floor, Kolkata – 29.

                                                    4.     Alchemist Township India Limited, Baruipur Branch, Subhash Complex, Padmapukur, 2^nd Floor, Kolkata – 144.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Smt. Sharmi Basu, Member

             The short case of the complainant is that she invested a sum of Rs.2,60,000/- to the O.Ps on 25.8.2012 under the Monthly Income Scheme. It is further stated that the amount of Rs.2,60,000/- was divided in three separate parts amounting to Rs.1Lac, Rs.50,000/- and Rs.1,10,000/- ,bearing Allotment Certificate No.AIRL/RX00030021 dt.,25.8.2012, AIRL/RX00031535 dt.26.9.2012 and AIRL/RX00012408 dt.30.7.2014 respectively . It is very surprising that by a letter dt. 20.8.2014 from the O.P nos. 3 and 4  it was stated that the matured amount as of Rs.1,10,000/- has been reinvested with O.P-3  and 4 for the period of three years on the application of the complainant, which is not correct as the complainant did not make any application to re-invest her money with the  O.P nos. 3 and 4 . Complainant submitted all the three certificates to the office of the O.Ps after maturity taking receipt thereof.   But the O.Ps have not shown their interest to refund the same even after the SEBI direction to refund the entire maturity amount and other amounts with interest to the depositors . Hence, this case praying for refund of Rs.2,60,000/- with interest @18% p.a from the date of maturity till the date of realization, compensation of Rs. 2 lacs, cost of the case.

            The O.Ps though initially appeared but failed to file written version and did not appear and contest the case for which case is proceeding against them in exparte. 

Points for Decision

1. Whether the complainant is a Consumer or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

Decision with reasons

            All the points are taken together as they are interlinked. 

            Before going into the merits of the case it is needed to be mentioned here that as the O.Ps have not cared to file written version though they have appeared initially, this Forum has no other alternative but to adjudicate the instant case in exparte and all the documents including the complaint petition brought before this Forum being unchallenged piece of testimony has been considered as true.

            After scrutinizing the complaint and the record in its entirety it appears that the O.Ps have re-invested the matured amount of the complainant without her consent. It is settled principle of Law that after maturity of any fixed deposit or monthly income scheme (MIS) , the service provider should obtain consent from the Investors and/or consumers before re-investment of the amount.  But the O.Ps have not done in such manner. Therefore, the aforesaid act of the O.Ps are not only liable for deficiency in rendering services but O.Ps activity tantamount to high-handedness on the part of the O.Ps. This type of activity of the O.Ps should be restrained otherwise, common people at large will suffer irreparable loss and injury. Therefore, we have no hesitation to hold that the O.Ps should refund the matured amount of Rs.2,60,000/- along with interest @ 12% p.a from the date of maturity ­­­­­­­ of each MIS respectively along with compensation.  

            Hence,

                                                                                    Ordered

That the case be and the same is allowed in exparte against the O.Ps with cost of Rs. 10,000/- .

The O.Ps are jointly and/or severally directed to refund  Rs.2,60,000/- along with interest @ 12% p.a from the date of maturity ­­­­­­­ of each MIS specifically on Rs. 1 lakh from 25.8.l2015, on Rs.50,000/- from 26.9.2015 and on Rs.1,10,000/- from 30.7.2014  to till its realization within 30 days from this date.

The O.Ps are jointly and/or severally also directed to pay compensation of Rs.1 Lac  and litigation cost of Rs.10,000/- to the complainant  and all the orders should be complied with within 30 days from the date of this order, failing which O.Ps jointly and/or severally have to pay interest @10% p.a on the total decreetal amount from the date of default till its realization.

Let a plain copy of Judgment be supplied to the parties free of cost as per rule.

 

Member                                   Member                                                                                                                      

 

Dictated and corrected by me

 

 

                        Member

 

 

 

 

 

 

 

 

 

 

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,

                                                                       

 

                                                                                                Ordered

That the case be and the same is allowed in exparte against the O.Ps with cost of Rs. 10,000/- .

The O.Ps are jointly and/or severally directed to refund  Rs.2,60,000/- along with interest @ 12% p.a from the date of maturity ­­­­­­­ of each MIS specifically on Rs. 1 lakh from 25.8.l2015, on Rs.50,000/- from 26.9.2015 and on Rs.1,10,000/- from 30.7.2014  to till its realization within 30 days from this date.

The O.Ps are jointly and/or severally also directed to pay compensation of Rs.1 Lac  and litigation cost of Rs.10,000/- to the complainant  and all the orders should be complied with within 30 days from the date of this order, failing which O.Ps jointly and/or severally have to pay interest @10% p.a on the total decreetal amount from the date of default till its realization.

Let a plain copy of Judgment be supplied to the parties free of cost as per rule.

 

Member                                   Member