Order No:25
The complaint is present today. 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, the complainant purchased 500 [five hundred] NON CONVERTIBLE REDEEMABLE SECURED DEBENTURES on private placement Face Value of Rs. 100 each on 28.03.2013 vide Certificate no-480635 under the application no- 181191 for the period of 12 months. The petitioner paid Rs. 50,000=00 only to the OP-2 and RS. 10,000=00 only to OP-1 in the Sonarpur Branch Office of the O. P. No-2 .The Director of The Surakshaplus Allied Industries Ltd. also issued a Debenture Certificate vide Certificate no-480635 under Registered Folio no- 25.03.2013/182. Photo copy of the Debenture Certificate is also enclosed with the main complaint petition.
The complainant also paid Rs. 2,500=00 only per month from the month of March 2013 to June 2013.The Surakshaplus Infrastructure and Projects Ltd. had also issued a product scheme card vide no-111294 dated 30.3.2013 from the Sonarpur Branch whose code no is 007.
But due to financial crisis, the complainant could not pay the next 8 installment of Rs. 2500/ only per month from the month of July 2013 to Feb. 2014.
As per statement, the complainant is entitled to get the maturity amount Rs. 57,000=00 only as the said Debenture Certificate was matured on 24.3.2014 along with Rs. 10,000=00 0nly of his deposited amount under P.S. Card no-111294. In total the complainant is entitled to receive Rs. 67,000=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 monthly investment amount in total Rs. 67,000=00 only. But till the date of submission of the C.C. NO-166/2017, dated-25/12/2017,the complainant did not get his matured amount Rs. 67,000=00 only.
The complainant, thereafter, found the Offices of Sonarpur under lock and key respectively and he became puzzled. He then met the Directors O.P. nos. 3 to 8 in their respective houses and then the O.Ps. had assured him to pay soon the matured amount Rs. 67000=00 only. But all his efforts were in vain.
Worried upon the fate of the matured amount, the complainant sent a advocate letter on 23/10/2017 through speed post to pay matured amount . The O. P. NO-4 and 8 had received the advocate letter and other letters were returned to him with postal remarks `moved` and `left`.
Finding no other alternative, the Complainant filed this instant C.C. No-166/2017 before the Ld. Commission for adjudication. The complainant has sought the following relieves:-
- To issue an order to the opposite parties to refund the maturity money of the complainant amounting to Rs. 67,000.00 only with interest;
- 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;
- To issue an order to the opposite parties to pay a sum of Rs. 1,00,000.00 only as cost of litigation;
- 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 and other document were matured on 24/3/2014. The instant C.C. No.166 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 registration no- A/131/2018. The Appeal was heard and allowed in part. The hon`ble SCDRC was also pleased to remand the Appeal to the DCDRC, South 24 Parganas with a direction to hear the Revision 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 upon O.P.No-4, all other notices were not served satisfactorily. Hence, the complainant was directed to take fresh steps upon the O.Ps.. Accordingly, the complainant published about the instant case in the daily news paper “PRATIDIN” on Wednesday, 16th 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 to be heard `EX-PARTE ` on 04/04/2022.
So the complaint of the instant case 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 annexure on 22/4/2022 and also BNA on 31.5.2022.
DECICIONS WITH REASONS.
Point no. 1, 2, & 3.
As per statement, the complainant purchased 500 [five hundred] NON CONVERTIBLE REDEEMABLE SECURED DEBENTURES on private placement. Face Value of Rs. 100 each on 28.03.2013 vide Certificate no-480635 under the application no- 181191 for the period of 12 months. The petitioner paid Rs. 50,000=00 only and RS. 10,000=00 only in the Sonarpur Branch Office of the O. P. No-2 .The Director of The Surakshaplus Allied Industries Ltd. also issued a Debenture Certificate vide Certificate no-480635 under Registered Folio no- 25.03.2013/182. Photo copy of the Debenture Certificate is also enclosed with the main complaint petition.
The complainant also paid Rs. 2500=00 only per month from the month of March 2013 to June 2013.The Surakshaplus Infrastructure and Projects Ltd. had also issued a product scheme card vide no-111294 dated 30.3.2013 from the Sonarpur Branch whose code no is 007.
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 P.S card of monthly investment for four month. Hence, the complainant is entitled to get the maturity amount of Rs. 57,000.00 only and Rs. 10,000.00 only totalling to amount of Rs. 67,000/- only .The said Debenture Certificate had been redeemed and matured on 24/3/2014.
The complainant, thereafter, had approached several times to the O.P. NO-1 and O. P. No 2 and other O.Ps. to refund the matured amount of Debenture Certificate as well as monthly investment amount in total Rs. 67,000=00 only. But till the date of submission of the C.C. NO-166/2017, dated-25/12/2017, the complainant did not get his matured amount Rs. 67,000=00 only.
Worried upon the fate of the matured amount, the complainant sent an advocate letter on 23/10/2017 through speed post. The O. P. NO-4 and 8 received the advocate letter and other letters were returned to him 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 committed by the Opposite Parties.
Hence, the O. Ps. are jointly/severally liable to pay Rs.20, 000=00 only as litigation cost, Rs. 50,000=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. 67,000=00 only to the complainant with 10% simple interest from the date of maturity.
In the 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 20,000=00 (twenty thousand) only.
The opposite parties are directed to pay Rs. 50,000=00 (Rs. Fifty thousand) only as compensation amount for their deficiency of 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. 67,000=00 only as maturity amount with 10% simple interest to the complainant from the date of maturity i.e., 24/3/2014. 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 proceed with execution Case against the O. Ps. before this Ld. Commission for non-compliance of the order 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)
