DATE OF FILING : 29-04-2014.
DATE OF S/R : 12-09-2014.
DATE OF FINAL ORDER : 15-12-2014.
1. Sarbani Sen,
wife of late Sunayak Sen,
residing at 296, Shyamnagar Road, Ramesh Appt.
Dumdum Park, Kolkata – 700055.
2. Sunil Gawande,
son of Jagannathrao Suryabhanji Gawande,
residing at Bhusan Power and Steel Ltd.
32, N.H. 2 Road, Serampore,
District Hooghly,
PIN 712203.
3. Bapi Kumar Das,
son of Sri Biren Das,
residing at Kota Muri, Leghamseal, Jharkhand, Ranchi,
4. Chandu Khanra,
son of Mr. Khanra,
residing at Salkia, Howrah.
5. Mala Roy,
wife of Mr. Roy,
residing at Salkia, Howrah……………………………………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, ( 4th floor ),
Kolkata – 700014, also at Sandhya Bazar, P.S. Shibpur,
District – Howrah…………………………………………...………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
- Complainants, fivein numbers,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 refund the maturity amount of recurring deposit schemes amounting to Rs. 3,59,640/- with upto date interest, to pay Rs. 50,000/- as compensation, litigation costs of Rs. 10,000/- along with other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is thatcomplainantsmade investments in Recurring Deposit Scheme issued by the o.ps., on different dates vide Annexures. Their certificate nos. are as follows :
1. Sarbani Sen Recurring Deposit A/c No. 181000812,
2. Sunil Gawande Recurring Deposit A/c No. 181000704,
3. Bapi Kumar Das Recurring Deposit A/c No. 000021776,
4. Chandu Khanra Recurring Deposit A/c No. 017000, 076150035,
5. Mala Roy Recurring Deposit A/c No. 00002176.
3. O.Ps. promised to pay the maturity amount of investment made by the complainants on the date of maturity. The total maturity value was Rs. 3,59,640/-. 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 dates 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.
- Notices were served. Theyneither appeared nor filedwritten version. Accordingly, case was heard ex parte.
- Two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainants are entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points aretaken up together for consideration. We have carefully gone through the complaint petition along with annexures filed by the complainants and noted its contents. Admittedly the complainants invested in the o.ps’ company. It is a fact that o.ps. have failed to pay the maturity value 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. 260 of 2014 ( HDF 260 of 2014 ) be allowed ex parte with costs against the O.P.
That the O.P. is directed to pay the maturity amount of Rs. 3,59,640/- 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 Rs. 7,000/- 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.
