Order-11.

Date-20/05/2015.

Complainant Sekh Parichan Bewa and other 82 complainants jointly by filing this complaint have submitted that they only to save their small amount of money and for getting some benefit on maturity decided to buy bonds certificate with their hard earned money for better future and they can use it in time of their need and invested the different type of amount by different complainants to the ops’ company on different dates since 2009 and till 2011.  Op assured that on maturity the complainants shall have to get the said amount with full interest.  But most surprising factor is that since the date of maturity of the different bonds out of the total bonds in dispute, the complainants whose bonds were matured approached the ops for payment.  But ops started playing a game with the complainants.  Though complainants view to secure their livelihood and their dream to secure their future are frustrated by the act of the ops and ops practically did not pay matured amount of the bonds/certificates out of the disputed certificates as yet and they have not shown there any interest about disputed certificates to pay it and for which the other bond holders whose bonds have not been matured were also perplexed and thereafter all the complainants prayed for return of the principle amount of the bonds in dispute along with interest.  But ops even after receipt of different claim, they did not take any step and practically they have harassed though complainants are the men of Murshidabad district and branch offices of the ops have been closed in many areas and so the complainants are in a tight corner and in complete fear and they suspected that they will lose their hard earned money and lastly they were asked to transact with the Moulali Branch op no.3 for their redressal.

          But peculiar factor is that Moulali Branch also did not take any care and did not return the same and in the above circumstances, all the complainants jointly have prayed for return of the deposited amount with interest as per their bonds as stated in the complaint to the ops.  But ops refused to pay the same and in the above circumstances, complainant jointly filed this complaint for redressal for negligent and deficient manner of service and for adopting deceitful manner of service by the ops.

          In the present case notices of the complaint were duly served upon them by Speed Post but they did not turn up and fact remains that Managing Director himself received the same and Chairman of the company also received the same but did not file any written statement even time was given by the Forum for defending the complaint.  In the result the present complaint is decided in exparte form for decision.

                                                       Decision with reasons

          Fact remains that the present 83 complainants jointly filed this complaint along with applications praying for permitting one of the complainant Rajesh Mondal to file this complaint and to proceed with the same and for which as per prayer of the Rajesh Mondal, this Forum granted him to proceed with the case on behalf of all the complainants and to conduct the case and take such step in this proceedings as per provision of Rule 12 (c) of the C.P. Rules on 30.01.2015 and he took all steps on behalf of all the complainants and accordingly proceeded with the case and that permission to proceed under Rule 12 (C) of C.P. Rule was granted by this Forum on 30.01.2015.

On proper consideration of the complaint and the material documents the copy of bonds and also hearing the Ld. Lawyer of the complainant and after over all evaluation of the same, it is found that 42 numbers of matured bonds which were matured in the year 2014 had not been yet paid by the ops but fact remains that the said bonds were purchased by the complainants on different dates and same were matured in the year 2014 up to 06.12.2014.

But considering the copy of the bonds, it is clear that even then same were matured but ops did not pay the matured amount to the respective bond holders that is to the complainants.  Further it is found that 59 numbers of bonds which has been matured on 12.01.2015 and some would be matured in the year 2015-16 are no doubt issued by the ops to some of the complainants and they also prayed for refund of their deposited amount.  But ops did not pay any heed and did not care to refund their deposited amount.

Further it is found that the complainants whose bonds are already matured, applied for refund of the matured amount but that has not been paid and no positive answer was given by the ops and ultimately the ops deceived the complainant.

In similar manner other complainants whose bonds are not matured but would be matured with  2015-16 after hearing the entire conduct of the op for non refunding the matured amount to some bond holders, they became astonished and knocked at the door of the ops but it was found that op did not entertain them and ultimately harassed them. 

But fact remains that all the complainants are coming from remote village areas of Murshidabad for getting the redressal but the entire amount of the aforesaid bonds had not been refunded or returned to the complainants as yet.

Considering the conduct of the ops and also their attitude not to contest the complaint, even after receipt of the notice, we are confirmed that the evidence as adduced on behalf of the complainants is no doubt unchallenged testimony including the documents that is disputed bonds matured or non-matured.  Considering the above materials we are convinced to hold that no doubt those ops collected huge amount from different districts from poor villagers and villagers were allured that he will get some more interest on maturity and with hope relied upon their advertisements and their value added opinion, the poor villagers invested the amount.  But ultimately ops have been deceived them and they are not willing to repay the same as yet, though at least 42 bonds out of 102 bonds had already been matured in the year 2014 but those bond holders have not got the matured amount as yet and considering that conduct of the ops, we are convinced that ops practically by making false advertisements collected huge amount from the poor customers and grabbed the same for which they are not willing to refund the same and in different districts the offices are being already closed and two or three offices are now being run by Mr. Kailash Chand Dujari, the Managing Director and notices were served to the ops and their Chairman but they did not turn up which perforce compel to hold their activities just like Rose Valley, Sarada, M.P.S. and as because they are running a dishonest business to deceive the customer, they are not willing to contest the case and fact remains that they have their several scopes to defend, but that has not been done and considering that fact, we are convinced to hold that ops adopted unfair trade practice and they are running a business to defraud the customers and truth is that complainants are not only harassed but they are also deceived by the op for which for deficient and negligent manner of service and also for adopting unfair trade practice, the allegation as made by the complainants against the ops is proved beyond any manner of doubt for which this complaint succeeds in exparte form.

Hence, it is

                                                     ORDERED

That the complaint be and the same is allowed in exparte form against the op with a cost of Rs. 10,000/- each member pay to each complainant.

Ops jointly and severally are hereby directed to refund the entire maturity amount in case of the bond holders whose bond has been matured and also pay and refund the amount of bond certificates in respect of the complainants whose bonds have not been matured along with interest  at the rate Rs. 10 percent P.A. w.e.f. the date of receipt of bonds amount from the bond holders whose bond has not been matured from the date of maturity of the bond to the same and same shall be paid within 45 days from the date of this order.

Further for causing mental pain and suffering and financial loss and also for deceiving the complainants, ops are jointly and severally shall have to pay compensation to the extent of Rs. 3,000/- per head to each of the complainants within 45 days from the date of this order.

For adopting unfair trade practice and for deceiving the consumer at large in different districts and to check their unfair trade practice a sum of Rs. 50,000/- is imposed as penal damages against the ops jointly and severally and it shall be paid within 45 days from the date of this order and if it is collected, it shall be deposited to this Forum.  Even if it is found that ops are unwilling to comply the order, it that case punitive action u/s 27 of C.P. Act 1986 shall be started against them for which further penalty and fine shall be imposed.

It is specifically ordered that the entire complaint shall be made part of this judgement for determining the names of particular complainant in the complaint and their matured and non-matured bonds/certificates and the total maturity amount or total deposit amount or total amount of the bonds/certificate etc. for determination of the respective complainants claim as per decree and for realising of the same as per spirit of this decree and for implementation of this judgement in true sense.