Maharashtra

Chandrapur

CC/19/79

Shri. Nepal Brajendranath Karmakar - Complainant(s)

Versus

Alchemist Limited Through Board of Directors - Opp.Party(s)

Nandakishor Potdukhe

30 Jun 2020

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM
CHANDRAPUR
 
Complaint Case No. CC/19/79
( Date of Filing : 15 Jun 2019 )
 
1. Shri. Nepal Brajendranath Karmakar
Shankar Nagar, Bangali Camp, Chandrapur, Tah.Dist.Chandrapur
CHANDRAPUR
MAHARASHTRA
...........Complainant(s)
Versus
1. Alchemist Limited Through Board of Directors
Corporate Office Add.- SCO 232-233, 3 rd Floor,Sector 34-A, Chandigad
Chandigad
Panjab
2. Shri. Karan Dip Singh, Chairman Alchemist Limited
House no.159, Sector 9 B, Chandigad, Sate Panjab
chandigad
Panjab
3. Suchita Khemkar, Sanchalak, Alchemist Limited
SCO 232-233, 3 rd Floor, Sector 34-A, Chandigad (Panjab State)
chandigad
Panjab
4. Shri. Satyendra Kumar Singh, Sanchalak Alchemist Limited
SCO 232-233, 3 rd Floor, Sector 34-A, Chandigad (Panjab State)
chandigad
Panjab
5. Shri. Jay Prakash Singh, Sanchalak Alchemist Limited
SCO 232-233, 3 rd Floor, Sector 34-A, Chandigad (Panjab State)
chandigad
Panjab
6. Shri.C.S.Jyoli, Sanchalak Alchemist Limited
SCO 232-233, 3 rd Floor, Sector 34-A, Chandigad (Panjab State)
chandigad
Panjab
7. Shri.Krishna Kumar Singh, Sanchalak Alchemist Limited
SCO 232-233, 3 rd Floor, Sector 34-A, Chandigad (Panjab State)
chandigad
Panjab
8. Shri.Brij Mohan Mahajan, Sanchalak Alchemist Limited
SCO 232-233, 3 rd Floor, Sector 34-A, Chandigad (Panjab State)
chandigad
Panjab
9. Shri.Narayan Madhav Kumar, Sanchalak Alchemist Limited
SCO 232-233, 3 rd Floor, Sector 34-A, Chandigad (Panjab State)
chandigad
Panjab
10. Alchemist Limited Through Branch Manager Chandrapur Branch No. 057
House no.671, Vivak Nagar,Dr.Regundawar Hospital ke Samne, Tah.Dist.Chandrapur
CHANDRAPUR
MAHARASHTRA
............Opp.Party(s)
Complaint Case No. CC/19/80
( Date of Filing : 15 Jun 2019 )
 
1. Shri. Nepal Brajendranath Karmakar
Shankar Nagar, Bangali camp,Chandrapur Tah.Dist.Chandrapur
CHANDRAPUR
MAHARASHTRA
...........Complainant(s)
Versus
1. Alchemist Limited Through Board of Directors
SCO 232-233, 3 rd Floor, Sector 34-A, Chandigad (Panjab State)
Chandigad
Panjab
2. Shri. Karan Dip Singh, Chairman Alchemist Limited
House no.159, Sector 9 B, Chandigad State Panjab
chandigad
Panjab
3. Suchita Khemkar, Sanchalak, Alchemist Limited
SCO 232-233, 3 rd Floor, Sector 34-A, Chandigad (Panjab State)
chandigad
Panjab
4. Shri. Satyendra Kumar Singh, Sanchalak Alchemist Limited
SCO 232-233, 3 rd Floor, Sector 34-A, Chandigad (Panjab State)
chandigad
Panjab
5. Shri. Jay Prakash Singh, Sanchalak Alchemist Limited
SCO 232-233, 3 rd Floor, Sector 34-A, Chandigad (Panjab State)
chandigad
Panjab
6. Shri.C.S.Jyoli, Sanchalak Alchemist Limited
SCO 232-233, 3 rd Floor, Sector 34-A, Chandigad (Panjab State)
chandigad
Panjab
7. Shri.Krishna Kumar Singh, Sanchalak Alchemist Limited
SCO 232-233, 3 rd Floor, Sector 34-A, Chandigad (Panjab State)
chandigad
Panjab
8. Shri.Brij Mohan Mahajan, Sanchalak Alchemist Limited
SCO 232-233, 3 rd Floor, Sector 34-A, Chandigad (Panjab State)
chandigad
Panjab
9. Shri.Narayan Madhav Kumar, Sanchalak Alchemist Limited
SCO 232-233, 3 rd Floor, Sector 34-A, Chandigad (Panjab State)
chandigad
Panjab
10. Alchemist Limited Through Branch Manager Chandrapur Branch No. 057
House no.671, Vivek Nagar,Dr.Regundawar Hospital ke Samne, Tah.Dist.Chandrapur
CHANDRAPUR
MAHARASHTRA
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Atul D.Alsi PRESIDENT
 HON'BLE MRS. Kirti Vaidya Gadgil MEMBER
 HON'BLE MRS. Kalpana Jangade Kute MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 30 Jun 2020
Final Order / Judgement

ORDER

(Passed on 30th of June, 2020)

Passed by Shri.AtulAlsi, Hon’ble President.

 

         The complainants have filed these complaints with a commence grievance alleging nonpayment of maturity amounts of the fixed deposits kept by complainants with Ops and thereby claiming payment of their respective maturity amounts alongwith further interest besides compensation and cost. As all the complaints are directed against the same opposite parties and involves a common grievance, we proceed to dispose of all these complaints with this common judgment and order..

 

Facts in nutshell are as under... 

 

2.          The complainants in all the above complaints were enticed by the opposite parties by assuring lucrative returnson the investments made with them. Hence they invested their hard-earned money in fixed deposit scheme floated by the Ops, details of which are as under.

 

CC Number.

Sr.

No.

Customer ID

FD certificate No.

FDR amount

Maturity date

Maturity amount

CC/80/19

1.

TC00113417

TA00885906

Rs.50,000/-

15/6/2018

Rs.1,00,000/-

 

2.

TL00010145

TA00102994

Rs.5,00,000/-

10/10/2018

Rs.10,00,000/-

 

3.

TL00013622

TA00875468

Rs.3,00,000/-

2/3/2019

Rs.6,00,000/-

CC/79/19

1.

TL00010146

TA00102993

Rs.5,00,000/-

10/10/2018

Rs.10,00,000/-

 

2.

TL00013623

TA00403361

Rs.3,00,000/-

2/3/2019

Rs.6,00,000/-

CC/105/19

1.

TY00013439

TA03139965

Rs.50,000/-

17/11/2017

Rs.1,00,000/-

 

2.

TL00010825

TA00885824

Rs.1,00,000/-

28/12/2018

Rs.2,00,000/-

CC/106/19

1.

TLL0190866

TA00885893

Rs.50,000/-

24/12/2018

Rs.1,00,000/-

 

 

            

 

 

 

 All the complainants approached the Ops after the above fixed deposits got matured and claimed their maturity amounts, however the Ops avoided to pay the same on one pretext or the other. Hence the complainants issued legal notice to OP Nos.1 to 3 however it bear no fruits. Hence left with no other option, they have approached this Forum with the instant complaint.

 

3.          All the complaints were admitted andO.P.Nos. 1 to 3 were served with notice in all these complaint cases separately. However, despite its due service, all the Ops failed to appear before this Forum. Hence the complaint proceed exparte against OP Nos.1 to 3.

 

 

4.            The counsel for the complainant argued that the complainants have invested respective amounts in the fixed deposit scheme of the Opposite Parties, who had assured them of lucrative gains, however, despite maturity of the deposits, now the Ops are shirking their responsibility. Hence he prayed that the complaints may be decreed as prayed. 

 

5.           We have gone through the complaints, affidavits and the supporting documents filed by the complainants on record. 

REASONING

 

9.         The complainants have filed on record the Fixed Deposit Certificates.On perusal of these certificates, we find that all the Fixed Deposit have attended maturity and hence the complainants are entitled to get the maturity amounts of their respective investments. The Ops were bound to pay the same, however, they failed to do so even after written communications and the notices were issued by the complainantsin this regard. Further, the Ops have not put forth any defense to the allegations levelled as against them. Hence we have come to the conclusion that there is evident deficiency in service on the part of Opposite Parties and the complainants are entitled for maturity amounts of their fixed deposits along with adequate compensation and cost. In view of our observations as above, we proceed to pass the following order..

 

                                                                       ORDER

 

  1. The complaint Nos.79/2019, 80/2019, 105/2019 and 106/2019 are partly allowed.

 

  1.  The Opposite Party No.1 to 3 shall jointly and severally pay the maturityf amounts of respective fixed deposits to the respective complainant as detailed in the statement appended supra.

 

  1. The Opposite Party No.1 to 3 shall jointly and severally pay compensation of Rs.10,000/- to the complainant in each complaint towards mental agony besides cost of proceeding of Rs.5000/- each.

 

 

 

 

(Smt.KalpanaJangade (Kute)          (Smt. Kirti  Vaidya (Gadgil)                 ( Shri.AtulD.Alsi )

Hon’ble Member                               Hon’ble Member                                 Hon’ble President

 

 

 

 

  

 

 

 
 
[HON'BLE MR. Atul D.Alsi]
PRESIDENT
 
 
[HON'BLE MRS. Kirti Vaidya Gadgil]
MEMBER
 
 
[HON'BLE MRS. Kalpana Jangade Kute]
MEMBER
 

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