Order-12.

Date-24/07/2015.

Complainant Arun Kumar Das by filing this complaint has submitted that op run a business under Amazan Group and op nos. 2 to 7 are the members of the Board of Directors of the op no.1 and op no.2 is the Director of op no.1.

In fact that complainant invested a sum of Rs. 1,10,000/- in Fixed Deposit Scheme of Amazan vide Certificate No. CPS A 0000002560 and date of maturity was 22.03.2014 and maturity amount was Rs. 1,39,700/- and it was in the name of Arun Kumar Das and on maturity, complainant sent a letter on 25.10.2014 to the ops requesting to refund the maturity value, but said letter returned to the complainant with courier remark ‘Office Shifted’.But op nos. 1 to 7 even after repeated reminders deliberately negligent to pay the maturity value and as a result complainant suffered monetary loss and mental pain and agony and in fact they adopted unfair trade practice and getting no relief from the op, complainant filed this complaint for redressal and for further relief if any.

Fact remains that in this case notices were served upon the op nos. 2,3,4 & 6 and they are the Directors of the op Company, but they did not turn up for which ultimately notices were served by wide publication in Sambad Pratidin dated 11.05.2015.But even after service of the said notice widely, ops did not turn up.So, ultimately the case was heard exparte.

                                               Decision with reasons

With meticulous care, we have gone through the complaint including other documents and also the entire records and it is found that complainant in support of his complaint has submitted evidence-in-chief including copy of Fixed Deposit issued by Amazon Company a non-banking financial institution wherefrom it is found that the said company sold their fixed deposit when complainant intended to purchase it with such hope that he shall have to get good return that the rate of interest 13.5 percent p.a. which is not available in any Nationalised Bank or Private Bank and op issued certificate (FD) under plan FD-24 (Cumulative Interest) at the rate of 13.5 percent p.a. and complainant no doubt deposited Rs. 1,10,000/- and invested it in the Fixed Deposit of the plan as sold by the op and maturity date was 22.03.2014 and maturity amount is noted of Rs. 1,39,700/-.

From that copy it is clear that complainant purchased it and deposited the amount to the op and same was sold on 22.03.2012 Fixed Deposit Certificate was issued on 22.03.2012.But after maturity complainant submitted it but found that the ops have shifted their office and other ops received notices but did not take any step and subsequently complainant sent notice on 18.10.2014.But ops did not pay any heed and truth is that ops closed their office and they are residing in their respective addresses and out of 7 ops, op nos. 2, 3, 4 & 6 have received same notices of this case which were duly served.But subsequently by a wide publication in Sambad Pratidin dated 11.05.2015 notices were duly widely served but even after that ops did not turn up.

So, considering that fact, it is clear that the ops opened a bank business for the purpose of grabbing money from the poorer section of people and ultimately they did it by wide advertisement and alluring the people and it is no doubt a misleading advertisement and the product which were sold with an intention to grab money and they as non-banking financial institution adopted unfair trade practice and deceive the customers at large and in this case it is proved that complainant has been deceived by the ops.

In this context, it is to be mentioned that M/s. Amazon and their Directors, deceived so many doctors also and out of that one renowned Professor Dr. Santra was also deceived and Amazan Group filed appeal against the said doctor from district Forum, Barasat to State Commission and but failed.But they are now loitering for payment by installment and only for the purpose not to pay the amount which was received by the ops from the public, they shifted their head office, houses, offices and ultimately the office of the Amazon has been closed at Salt Lake area because warrant was sent to the ops from some other Fora and Barasat Forum.

So, it is clear that the ops adopted unfair trade practice, deceived the complainant and complainant proved that he has been deceived by the ops and ops have adopted unfair trade practice and no doubt for their unfair trade practice and for negligent and deficient manner of service and also for their deceitful manner of trade, complainant has not only suffered financial loss but at the same time he has been harassed mentally and physically by the present ops for which this complaint succeeds exparte also on the ground ops got every scope to contest this case.They are contesting the case at Barasat Forum, State Commission, High Court, but they have not appeared before this Forum.

In fact they have now loitering from one place to another.So, that the consumers cannot any way trace out and it is no doubt also a crime what they have committed it and it is reported Enforcement Directorate (ED), has also taken cognizance to arrest for which they have taken such policy.

In the above circumstances and observation complainant is entitled to relief as prayed for.

Hence, it is

                                                     ORDERED

That the complaint be and the same is allowed exparte against ops with cost of Rs. 10,000/-.

Ops jointly and severally are hereby directed to pay the entire claim amount of the complainant against the Fixed Deposit i.e. an amount of Rs. 1,39,700/- and further interest at the rate of 13.5 percent p.a. over the same w.e.f. 22.03.2014 and till its full satisfaction by the ops and ops shall have to pay the same within one month from the date of this order, failing which for non-compliance of the Forum’s order and for adopting unfair trade practice, ops shall have to pay penal damages at the rate of Rs. 300/- per day till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.

Ops are directed jointly and severally to comply the order failing which penal action shall be started against them u/s 25/27 of C.P. Act 1986 for which further penalty and fine shall be imposed upon them.