Order-11.

Date-23/04/2015.

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that OPs floated a scheme inviting financial deposit under different schemes form common people giving assurance of refund of the entire amount of deposition with interest/bonus to be accrued on it after the date of maturity and engaged some agents for the purpose of collection of deposits from the common people for the scheme and one such agent of the OPs approached the complainant accordingly, requesting for deposition with assurance of guaranteed return and being allured by the oral representation and statement of the agent regarding honesty, credibility etc. of the OPs as ventilated by the OPs the complainant agreed to deposit an amount of Rs.10,000/- on 29-01-2013 for 18 months which expired on 29-07-2014.  But on maturity OPs failed and neglected to refund the gross maturity value of Rs.12,000/- on 29-07-2014 in time, so complainant is suffering monetary loss for which the OPs are responsible. Complainant wrote a letter to the Chairman, Chandramukhi Realty LLP, Vibgyor Group, 87, Dr. Suresh Sarkar Road, P.S. Entally, Kolkata – 700 014 by Speed Post with A/D on 04-09-2014 and that A/D Card of the said letter also returned back to the complainant duly received on 06-09-2014. 

          It is pertinent to say that complainant planned to invest the said sum of Rs.10,000/- for a period of 18 months on 29-01-2013 with the intention to get back the gross maturity value of Rs.12,000/- on 29-07-2014 for the treatment of eye of his old aged ailing Mother but due to OPs negligent and deficient manner of act complainant financially and mentally harassed by the OPs and finding no other way complainant compelled to file this case before this Forum praying for refund of the matured amount with interest @18 percent and compensation, cost etc.

          On the other hand, notice of this complaint was duly served upon the OPs on 16-05-2015 and after receipt of the said notice on 03-02-2015 OPs sent a letter by post to this Forum informing that the matter has been settled amicably with the complainant Uttam Kumar Kundu and payment shall be made within a short period of time and considering that letter this Forum waited for some time but after that OP did not turn up and also found absent.  Thereafter, the case was heard after sending the copy of the e-chief to the OPs by speed post, even then, the OP did not turn up so the case is heard accordingly for decision.

Decision with Reasons

On proper consideration of the complaint including the document it is clear that complainant deposited a sum of Rs.10,000/- as term deposit dated 29-01-2013 and after expiry of the period on 29-07-2014 complainant was entitled to get Rs.12,000/- and on expiry of the said term deposit on 29-07-2014 complainant prayed for refund with maturity amount on 04-09-2014 but OP was silent.  Thereafter, complainant sent a demand notice on 26-11-2014 that is also received by the OPs but OPs did not turn up and never paid amount.  Ultimately, notice of the complainant was received by the OP on 16-03-2015 and thereafter, on behalf of the OPs a letter was sent to this Forum by speed post from the office of the Vibgyor Allied Infrastructure Ltd. on 03-02-2015 expressing that the amount will be paid within a short period of time after that the Forum waited to give a chance to OPs to pay the sum but OPs have not paid it.  So, considering that letter of the OPs dated 03-02-2015 addressed to this Forum by the OPs we are convinced that allegation of the complainant is a foolproof and truth is that complainant has been deceived by the OPs, at the same time it is known to all that Vibgyor is become a cheat company who cheated several persons of West Bengal and other states and in the mean time CBI has taken cognizance and already arrested the pioneer company owners so, in the above circumstances, complainant is no doubt entitled to get refund of Rs.12,000/- in respect of the said fixed deposit and further for causing harassment and deceiving the complainant in this manner and also for mental pain and agony OPs shall have to pay a further sum of Rs.10,000/- as compensation and accordingly OP shall have to pay the sum along with litigation cost as will be awarded.

Thus this complaint succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OPs with a cost of Rs.5,000/-.

          OPs are directed to pay and refund a sum of Rs.12,000/-(matured amount of the term deposit) along with interest @8 percent over the same since 29-07-2014 till its full payment and also shall have to pay a compensation of Rs.10,000/- for deceiving the complainant for mental pain and agony to the complainant and this OPs shall have to pay this litigation cost, matured amount with interest as awarded and compensation to the complainant within one month from the date of this order failing which for non-compliance of the Forum’s order and also for harassing the complainant in such a manner and further for negligent attitude of the OPs penal interest @Rs.3,000/- per month shall be assessed till full satisfaction of the decree for adopting unfair trade practice and deceiving the customers at large and OPs imposed penal damages to the extent of Rs.50,000/- which shall be deposited to this Forum and it is imposed to protect the interest of the general consumers and public from the ends of such cheat business concern. 

OPs are directed to comply this order within one month from the date of this order failing which for non-compliance of the Forum’s order a penal action u/s.27 of the C.P. Act shall be started against them for which further penalty and fine may be imposed.