DATE OF FILING : 30-03-2016.
DATE OF S/R : 23-05-2016.
DATE OF FINAL ORDER : 16-08-2016.
Ashoke Karar,
son of late Mangaldas Karar,
residing at Udang, P.S. Amta,
District Howrah.……………………………………………………………. Complainant.
Infinity Realcon Ltd.,
having its registered office at
176, A.J.C. Bose Road 4th Floor,
Kolkata 7000014, and also at
Bagnan Khadinan More, P.S. Bagnan,
District Howrah,
PIN 711303. ………………………………………………………………. Opposite Party.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, namely, Ashoke Karar, by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. to pay his maturity amount of three MIS Certificates totaling Rs. 2,51,000/-, to pay an amount of Rs. 2,00,000/- as compensation for causing physical injury and mental agony and litigation costs of Rs. 10,000/- and other orders as the Forum may deem fit and proper.
- Brief fact of the case is that complainant purchased three MIS Certificates on different dates in the year 2012 issued by the o.p. The certificates are as follows :
Certificate No. Date of Date of
Investment Maturity Maturity Amount.
000026377 10.04.2012 09.04.2022 Rs. 55,000/-
000024394 31.03.2012 30.03.2022 Rs. 55,000/-
0000017844 13.03.2012 12.03.2022 Rs. 55,000/-.
O.P. promised to pay the monthly interest on the above mentioned MIS Certificates made by the complainant on different dates. But it is alleged by the complainant that o.p. has not paid the monthly interest regularly and only upto June, 2013, o.p. paid the monthly interest on the above mentioned certificates. Complainant repeatedly went to the office of o.p. but on different pleas they have returned the complainant without giving his monthly benefit. Lastly on 30.12.2013 complainant against went to the office of the o.p. to get his monthly interest but all his efforts went in vain and no payment was made actually by the o.p. till the filing the complaint. It is further stated by the complainant that if he had received monthly interest amount on the respective due dates from the o.p., it would have come to his benefit like smooth running of livelihood, meeting his medical expenditure, children’s education etc. which are really at stake. But they did not pay any heed to that need of the complainant. So, finding no other alternative, complainant filed this instant petition praying for the aforesaid relief.
- Notice was served upon o.p. They did not appear and file any written version. Accordingly, the case was heard ex parte.
- Two points arose for determination :
- Is there any deficiency in service on the part of the O.P. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the complaint petition and the annexures filed by the complainant. It is a fact that the o.p. has failed to make payment of monthly interest amount of MIS Scheme to the complainant since June, 2013 which caused tremendous mental agony, physical harassment and financial loss to the complainant and he has lost all his faith on the o.p. which compels him to pay for the return of actual invested amount. People invest their hard earned money in a reputed company to get the ultimate benefit at their need. If they cannot utilize their hard-earned money at their bare necessities what is the use of making an investment or savings ? Sacrificing many present enjoyments involving monetary expenditure, people make an investment for all future needs. So entire spirit of making investment is getting frustrated. O.p. has miserably failed to keep their promise which they made on the face of the Bond certificates issued by them in favour of the complainant on different dates. For their own wrong doings, why complainant should suffer at all ?O.p. has miserably failed to keep their own promise which certainly amounts to deficiency in service on their part which should not be allowed to be perpetuated for an indefinite period.Moreover, o.p. has not cared to appear before this Forum even after receiving the notices of this Forum and no written version is filed by them. So all the allegations of the complainant leveled against them remained unchallenged and uncontroverted and we have no difficulty to believe the unchallenged testimony of the complainant.And we are of the candid opinion that it is a fit case where the prayers of the complainant should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 122 of 2016 be allowed ex parte with costs against the O.P.
That the O.P. is directed to pay all monthly interest amount of all three MIS Certificates in question since July, 2013 till the month of actual payment to the complainant within one month from this order.
The o.p. is further directed to the actual investment amount of all three Certificates in question totaling Rs. 1,50,000/- to the complainant within one month from the date of this order i.d., 8% p.a. interest shall be imposed on the above said amount till actual payment.
The complainant do get an award of Rs.5000/- as compensation and Rs. 2,000/- litigation cost and o.ps. are directed to pay the same being Rs. 7,000/- with one month from this order i.d. amount shall carry an interest @ 8% p.a. till actual payment
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
