Complainant Smt. Anima Rani Mondal by filing this complaint has submitted that ops are closely related with the complainant within their areas and they offered lucrative commitment about maturity against investment with safe and secure money back or in lieu of that certain facilities and being impressed by their papers, documents and version and getting such assurance from the ops and being allured by the ops, complainant deposited about Rs. 7,00,000/- and odd and accordingly op issued cash voucher including allotment numbers and same were deposited on 13.09.2011 and against that there was such a clause, complainant shall have to get interest or debentures issue etc. or monthly interest. But subsequently it is found that ops did not pay the monthly interest or other benefit against such deposits and in some cases even after maturity period, op did not release that maturity amount and thereby complainant requested the ops to return the entire amount with interest. But they agreed to pay, but ultimately it is found that they avoiding and did not act honestly and subsequently complainant and other depositors found that they are not in the market closing down their office and when complainant and other depositors realized that they have been cheated and deceived by the ops, though complainant as a consumer entitled to get back the same, complainant and other depositors went to the house of ops and expressed that the matter shall be informed about disbursement.
Ultimately they avoiding and complainant is confirmed that by adopting unfair practice, they deceived the complainant with other depositors for which cause of action of the complainant arose on and from 09.10.2013 and complaint was filed for redressal and for directing the ops to pay the total sum of Rs. 8,74,489/- + compensation and litigation cost etc. It is specifically mentioned in the complaint that details of allotment and cash voucher numbers are noted in the schedule of the complainant which were issued by the ops in favour of the complainant against the deposited of the said amount.
Fact remains that ops are six in number, notices were sent to all but most of the notices were unclaimed and in case two or three cases, notices were returned with note ‘Door Closed’, only Prabir Kumar Mukherjee, Pralay Kumar Saw, Soumen Mallick and Infinity Realcon Ltd. & Ors. received the notices but they did not turn up to contest this case and ultimately as per order of this Forum complainant has filed the publication of Aajkal Patrika, Kolkata dated 25.01.2015 directing to all the ops to appear before this Forum. But they did not turn up and also they did not appear to contest this case for which the case is heard exparte. The detail of allotment numbers as issued by the ops to the complainant on receipt of cash are as follow:-
01) 181001667, 02) 17045995, 03) 17037005, 04) 17029011, 05) 17028958, 06) 17009109, 07) 17007073 & 08) 17009110.
Decision with reasons
On proper scrutiny of the complaint including the documents and particularly the certificates issued by the Infinity Realcon Ltd. & Ors. a Company incorporated under Companies Act, 1956 having registered and administrative office at 176, A.J.C. Bose Road, 4th Floor, Kolkata – 700014 issued letter of allotment against such depositors of Rs. 12 lakhs and odd.
Truth is that nine allotment letters were issued on 13.09.2011 and other dates same are also in details noted in the complaint and most of the cases duration was for one year w.e.f. 2011 to 2013 and sometime it is 2013 to 2014 and practically after considering the letter of allotment, it is clear that in all the cases, maturity period already over prior to 31.03.2014.
But fact remains that maturity amount has not been paid by the op, though op received the said amount Rs. 7,00,000/- by issuing such certificates and allotment letters. But same were not being returned or reimbursed after maturity period and no doubt the complainant faced financial loss and when ops refused to pay the same, complainant was compelled to file this complaint before this Forum for redressal. Fact remains that ops got every chance to contest the case, but being the complainant’s allegation they did not appear before this Forum.
Most interesting factor is that even after receipt of notices by op no. 3 or 4, they also did not turn up. But it is proved that all those ops jointly started such sort of business by forming a company and published notification allured the public and in fact to get such relied, complainant being assured deposited the same. But ultimately he has been deceived by the ops and no doubt ops by adopting unfair trade practice, deceived the complainant and truth is that complainant is a consumer under the op and in such circumstances, complainant’s allegation against the op is well proved and complainant is entitled to get such relief as prayed for.
On careful consideration of the entire materials and conduct of the ops and their attitude even after receipt of the notices and further notices, we are convinced that Infinity Realcon Ltd. is a company which has deceived the complainant and other depositors in such manner and they are cheated the people at large and complainant is one of them and no doubt ops deceived the complainant by adopting unfair practice. So, complainant is entitled to get a decree as prayed for.
In the result, the complaint succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed exparte against the ops jointly and severally with cost of Rs. 10,000/-.
Ops are jointly and severally hereby directed to refund the entire maturity amount of Rs. 8,74,489/- and also interest over the same at the rate 10 percentp.a. commencing from April, 2014 and for adopting unfair trade practice, harassing the complainant and also for deceiving the complainant in such a manner and further for causing mental pain and agony and sufferings, ops jointly and severally shall have to pay compensation of Rs. 2,00,000/- and accordingly ops jointly and severally are directed to pay a total sum of Rs. 10,84,489/- to the complainant within 15 days from the date of this order, failing which for non-compliance of the Forum’s order, penal interest shall be assessed at the rate Rs. 300/- per day till full satisfaction and if it is collected, it shall be deposited to this Forum.
But even after if it is found that ops are reluctant to comply this Forum’s order, in that case, proceeding u/s 27 of C.P. Act 1986 shall be started against them for which further penalty and fine may be imposed.
