DATE OF FILING : 01.07.2015.
DATE OF S/R : 07.09.2015.
DATE OF FINAL ORDER : 31.12.2015.
1. Subhendu Sekhar Kar,
son of Sasanka Sekhar Kar,
residing at village Purnal, P.O. Agunshi, P.S. Bagnan,
District Howrah.
2. Smt. Malati Kar,
wife of Sri Sasanka Sekhar Kar,
residing at village & p.o. Harop, P.S. Bagnan,
District Howrah.
3. Sasanka Sekhar Kar,
son of late Arabinda Kar,
residing at village Purnal, P.O. Agunshi, P.S. Bagnan,
District Howrah ……..……………………………………………. COMPLAINANTS.
1. KBS Vacation and Hospitality Ltd.,
being represented by its
Chairman Mr. Sanjay Goswami,
having its registered office at
4, Fairlie Place, HMP House, 3rd floor, Suit No. 301,
Kolkata 700001,
having its Branch Office at Bagnan, O.T. Road,
near Sujata Cinema Hall, P.S. Bagnan,
District Howrah,
PIN 711303.
2. The Chairman,
Sanjoy Goswami,
Son of Gobinda Goswami,
Residing at South Colony Qtr. No. 13/B, P.O. Bhakti Nagar,
District Jalpaiguri,
PIN 734007.
3. The Director,
Goutam Goswami,
son of Gobinda Goswami,
residing at South Colony N.J.P. Qtr. NO. 15/B, P.O. Bhakti Nagar
District Jalpaiguri,
PIN 734007. ………………………………………………………OPPOSITE PARTIES.
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
- Complainants, in three 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.ps. to pay the maturity value of all certificates in question and to pay Rs. 1,00,000/- as compensation and Rs. 10,000/- as litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainants made investments in fixed deposit and recurring deposit schemes of o.ps. But even after the expiry of the maturity dates of all invests theo.ps. failed to pay the maturity amount to the complainants for the reasons best known to them. Complainant made several requests since December, 2013, January, 2014 but the o.ps. paid no heed to that. It is stated by the complainant that with the maturity value they are to meet several expenses relating to maintaining their livelihood. So, finding no other alternative, complainants filed this instant petition praying for the aforesaid relief.
3. Notices were served. O.ps. neither appeared nor filed any written version. Accordingly, the case was heard ex parte against the o.ps.
- Two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- 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 along with annexures filed by the complainants and noted its contents. Complainants invested Rs. 2,98,500/- in total in different schemes of o.ps. for which o.ps. also issued certificates in favour of the complainants with a promise to pay the maturity amounts on the respective dues dates. It is the fact that o.ps. have failed to pay the maturity amount for which complainants felt tremendous monetary problem. Because, people invest their hard earned money in a reputed company to get the ultimate benefit at their need. O.ps. have miserably failed to keep their 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.ps. have 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. 236 of 2015 ( HDF 236 of 2015 ) be allowed ex parte with costs against the O.Ps.
That the O.Ps. are jointly and severally directed to pay the maturity amount with respect to the certificates in question within one month from this order i.d., @ 8% p.a. interest shall be charged on the entire decreetal amount till actual payment.
The complainants do get an award of Rs. 6,000/- as compensation and Rs. 2,000/- as litigation cost and o.ps. are directed to pay Rs. 8,000/- within 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, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
