DATE OF FILING                    :     09-07-2014.

DATE OF S/R                            :      12-09-2014.

DATE OF FINAL ORDER      :     15-12-2014.

1.         Sandhya Rani Satapathy,

wife of Sri Prasanta Kumar Satapathy,

residing at 25/8, S.N.  Chatterjee Road,

James Long Sarani near Golsapur Market,

Kolkata – 700038.

2.         Smita Sahoo,

wife of Kailash Chandra Sahoo,

residing at 52/2B/2/1,  S.G.G. Road,

Kolkata – 700031.…………………………………………….. COMPLAINANTS.

• Versus -

   

  Infinity Realcon Ltd.,

  having its registered office

  at presently known as Life Care Agro Projects (I) Ltd.,

  being represented by its Manager Director,

  situated at 176, A.J.C. Bose Road, ( 4^th floor ),

  Kolkata – 7000 14, also at Sandhya Bazar, P.S. Shibpur,

  District – Howrah.  1.             ………………………………………...………OPPOSITE PARTY.

   

                                                  P   R    E     S    E    N     T

   

  President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

  Member      :      Shri P.K. Chatterjee.

  Member       :     Smt. Jhumki Saha.

   

                                                   F  I   N   A    L       O   R   D    E     R

   

• 1. Complainants, Sandhya Rani Satapathy and Smita Sahoo by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) have prayed for a direction to be given upon the o.p. to pay the maturity amount of the fixed deposits with upto date interest and to pay Rs. 2,00,000/- as compensation and Rs. 10,000/- as litigation costs alongwith other relief or reliefs as theForum may deem fit and proper.

   

• 2. Brief fact of the case is that complainants made investments in fixed deposits Scheme issued by the o.ps., on different dates vide  Annexures.  Their certificate nos. are as follows :

1.         Smt. Sandhya Rani Satapathy -  Fixed  Deposit  A/c  No. 000036306,

2.         Smt.  Smita Sahoo -  Fixed Deposit A/c  No. 000036303, 000036308.

3.        O.Ps.  promised to pay the maturity amount of investment  made by the complainants on 24-08-2012 in fixed deposit which matured on 23-08-2013. The maturity values were  Rs. 4,480/- and Rs. 53,760/- and Rs. 53,760/- respectively.  But it is alleged by the complainants that o.ps. have not paid the maturity amount to the complainants even after the expiry of  the due date being 23-08-2013  without any valid reason.  Complainants repeatedly went to the office of o.ps.  and lastly on 30-12-2013 but on different pleas they have returned the complainants  without giving their  maturity amount. It is further stated by the complainants that with the maturity amounts and monthly interest amount, they are   to  run their  livelihood, meet  medical expenditure, children’s education etc. which are really at stake. So, finding no other alternative, complainants  filed this instant petition praying for the aforesaid relief. 

4. Notices were served. They neither appeared nor filed written version. Accordingly, case was heard ex parte.

1. Two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

2. Whether the complainants are entitled to get any relief as prayed for ?

DECISION  WITH   REASONS      :

6. Both the points aretaken up together for consideration. We have carefully gone through the complaint petition along with annexures filed by the complainant and noted its contents. Complainants invested Rs. 1,12,000/- in total in the o.ps’ company. It is a fact that o.ps. have failed to pay the maturity value  since 23-08-2013 for which complainants faced tremendous monetary problem. Because, people invest their hard earned money in a reputed company to get the ultimate benefit at their need. O.p. has miserably failed to keep its  promise which they made on the face of the certificates issued by them in favour of   complainants. For their gross negligence in discharging duties, complainants had to  suffer a lot for the crying need of money. Sacrificing many present enjoyments involving monetary expenditure, complainants made those investments foreseeing their future needs. If that criteria is not fulfilled due to o.ps.’  severe negligence, complainants are, thereby, truly prejudiced which can be very well understood by a man of common prudence. Moreover, the o.p. has not cared to appear before the Forum even after receiving summons. No W/V has been filed by them which clearly shows that they have nothing to put forward in their favour. And the complaint petition remains unchallenged and uncontroverted. And we have no difficulty to believe the unchallenged testimony of the complainants.  O.ps. have miserably failed   to keep promise which certainly amounts to deficiency in  service coupled with unfair trade practice  on their  part which should not be allowed to be perpetuated for an indefinite period.   And we are of the candid opinion that it is a fit case where the prayers of the complainants  should be allowed. Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 382  of 2014 ( HDF  382  of 2014 )  be  allowed ex parte  with  costs  against  the O.P.     

      That the  O.P.  is  directed   to pay the principal amount of 1,12,000/- within one month from this order  i.d., @ 10% p.a. interest shall be charged on the entire decreetal amount till actual payment.

      The complainants do get an award of Rs. 5,000/- as compensation  and litigation  costs of Rs. 2,000/-  and o.p.  is directed to pay the same within one month from this order i.d. amount shall carry an interest @ 10% p.a. till actual payment.

      The complainants are  at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.