Order No. 12  dt. 13/12/2019

          The case of the complainant in brief is that late Binodini Ghosh , wife of the complainant deposited  a total amount of Rs.60,000/- to M/s Alchemist Holdings Ltd ( op-1) as application money for allotment of 6000 no. of  preference share having face value of Rs. 10/- each  as private placement  to the applicant . Op-company allowed the prayer of the wife of the complainant and allotted 6000 numbers of redeemable preference shares scheduled to be redeemed on 11.01.2016  by issuing  three certificates against three different registered folios, the information of  which are tabled herein below.

          Unfortunately  Mrs Binodini Ghosh suddenly died on 18.10,2014 . However, after maturity complainant submitted the share certificates on 18.03.2016 for its redemption  and those were accepted on written receipt on the Xerox copies of the certificates for redemption. After depositing those certificates  on 18.03.2016  complainant repeatedly attempted to approach the o.p. for payment of the said amount but o.p. was not available for getting the matured amount . Complainant issued a letter to the op-company for payment of the amount due. But op did not respond to the call of the complainant  Finding no other alternative complainant filed this case  praying  direction upon the o.ps for payment of the money of Rs.1,80,000/- along with compensation of Rs1,00,000/-for harassment and mental agony, and litigation cost Rs20,000/-.

          PR & TR shows that notices could not have been served upon the ops. Ops were serviced  through publication of notice in the daily newspaper but they did not contest this case by filing w/v . As such, the case has been proceeded exparte against the o.ps

          In order to prove the case the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of his claim including the photocopies of certificate of  allotment issued by the o.p-company. Due to unchallenged testimony of the complaint there is no scope to disbelieve the submission of the complainant and therefore it should be accepted and necessary order is to be passed accordingly.

          Considering the submissions of the complainant and on perusal of the materials on record we find that late Binodini Ghosh , wife of the complainant deposited  a total amount of Rs.60,000/- to M/s Alchemist Holdings Ltd ( op-1) as application money for allotment of 6000 no. of  preference share having face value of Rs. 10/- each  as private placement  to the applicant . Op-company allowed the prayer of the wife of the complainant and allotted 6000 numbers of redeemable preference shares scheduled to be redeemed on 11.01.2016  by issuing  three certificates against three different registered folios, the information of  which are furnished below.

           Unfortunately,  Mrs Binodini Ghosh suddenly died on 18.10,2014 . However, after maturity complainant submitted the share certificates on 18.03.2016 for its redemption  and those were accepted on written receipt on the Xerox copies of the certificates for redemption. After depositing those certificates  on 18.03.2016  complainant repeatedly attempted to approach the o.p. for payment of the said amount but o.p. was not available for getting the matured amount . Complainant issued a letter to the op-company for payment of the amount due. But op did not respond to the call of the complainant . Finding no other alternative complainant filed this case.  Even after of expiry of the said time period  the assured amount had not been paid by the o.p. in spite of repeated attempts by the complainant. On the basis of the said evidences on record which uphold that there was deficiency in service on the part of the op-company and since no challenge has been made by o.ps. to controvert the demand of the complainant we, therefore, have no other alternative but to accept the case of the complainant.     

 Hence, it is ordered.

          that the case no. 101/2019 is allowed ex-parte with cost against the o.ps. The o.ps are jointly and/ or severally directed to pay a sum of Rs.1,80,000/-(Rupees One lakh Eighty Thousand) only to the complainant along with compensation of Rs.8,000/- (Rupees Eight Thousand) only for harassment and mental agony and litigation cost of Rs.4,000/- (Rupees Four Thousand) within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.