This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that he is a poor man and OPs are closely related with the complainant within that areas and they offered lucrative commitment about maturity and small investment with safe and secure money back or in lieu of money certain electronic articles etc. and being impressed of getting such assurance from the OPs and allured of that particular complainant deposited Rs.3,300/- having maturity amount of Rs.3399/-, Rs.2500/- with maturity amount Rs.2572/- and Rs.12000/- with maturity amount Rs.13440/- and complainant deposited total Rs.17,800/- with a hope that he shall have to get total Rs.19414/- out of short period after maturity and against that OPs issued allotment receipt-cum-voucher-cum-certificate being nos.017036944, 017046264 and 017042465 but ultimately he found after maturity and before maturity that the company is not returning the amount when complainant and other depositors went to the OPs, it was found they are avoiding and did not act honestly and subsequently, complainant including other depositors found that they are not in the market, closing down their office when complainant and other depositors realize that they have been cheated and deceived by the OPs though complainant as consumer is entitled to get back the sum but OPs by adopting unfair trade practice deceived the complainant for which cause of action arise and accordingly this complaint was filed for redressal and for directing the OP to refund entire matured amount total Rs.19,414/-, litigation cost of Rs.5,000/- and also compensation for their harassment, mental pain and agony and further financial loss.
Fact remains OPs are seven in numbers and notices of the complainant were sent to all but most of the notices were unclaimed and in case of two or three cases notices were returned with note “door closed”, only Prabir Kumar Mukherjee, Pralay Kumar Saw, Soumen Mallick and Sima Samaddar received the notices but they did not turn up to contest the case and ultimately as per order of this Forum notices were duly published in Ajkal Daily on 25-01-2015 directing all the OPs to appear before this Forum to contest the case but they did not turn up and also did not appear to contest. Accordingly, the case is heard ex parte.
Decision with Reasons
On an indepth study of the complaint including the documents and particularly, the certificate issued by the OP Infinity Realcon Ltd., a company incorporated under Companies Act, 1956 having Registered and Administrative Office at 176, A.J.C. Bose Road, 4th Floor, Kolkata – 700 014 issued letter of allotment for advance booking for electronics/electrical products/tour package and in default back compensation payable at the end of the said duration and fact remains in maturity date was on 10-09-2013 and duration was for one year starting from 10-10-2013 but truth is that the OPs have not given him such benefit against such certificate being certificate no.CNS32695 allotment no.017036944 and in that case maturity amount is Rs.3996/-.
In respect of another debenture certificate maturity date is 15-02-2014 commencing date is 16-02-2013 deposited amount Rs.12000/- and maturity amount is Rs.13440/- and having certificate no.000053351 and same was issued on 16-02-2013 but ultimately that amount has also not been refunded or returned or paid by the OP and another is Rs.2,500/-, maturity amount is Rs.2,575/- and maturity date was 10-04-2014 but that was also not paid by the OP but fact remains all those amount was accepted by the OPs by issuing such certificates but after maturity that had not been paid and for which complainant has been suffering much and have faced financial loss no doubt and for such they have compelled to appear before this Forum for redressal.
After considering the entire materials and conduct of the OPs and their attitude even after receipt of notices and further notice by publication we are convinced that Infinity Realcon Ltd. is a company which has deceived huge people of Hooghly and other districts in such a manner and they have cheated the public at large and complainant is one of them and for which OPs deceived the complainant at the same time by adopting unfair trade practice so complainant is entitled to get a decree as prayed for against the OPs.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed ex parte against the OPs jointly and severally with a cost of Rs.5,000/-.
OPs are jointly and severally are hereby directed to refund the entire maturity amount of Rs.19,414/- and also suffering from mental pain and agony and further for deceiving the complainant in such a manner by unfair trade practice OPs are jointly and severally directed to pay compensation to the extent of Rs.9,000/- along with maturity amount and litigation cost that is total Rs.33,414/- 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 rateRs.200/- per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum’s Account. Even if it is found that OPs are unwilling to comply the order or disobeys the Forum’s order in that case penal proceeding u/s.27 of the C.P. Act shall be started against him for which further penalty and fine may be imposed.
