DATE OF FILING                    :     24-11-2014.

DATE OF S/R                            :      02-01-2015.

DATE OF FINAL ORDER       :     30-04-2015.  

1. Keya Samanta,

   wife of Sri Jagannath Samanta,

   residing at Dharsa  Chowdhuripara G.I.P. Colony, Jagacha,

   District Howrah. 

2. Sri Jagannath Samanta,

son of  late Ramchandra Samanta,

residing at Dharsa  Chowdhuripara  G.I.P. Colony, Jagacha,

District Howrah.

3. Chanchal Sarbadhikary,

son of Sri Dinabandhu Sarbadhikary,  

residing at Kashipur, Dasnagar,

Howrah.

4. Subal Sabal,

son of late Ramakanta Sabal,

residing at 27/1/11, Nabanaritala 1^st Bye Lane, Baksara,

Howrah 711110.

5. Shila Koley,

wife of Sri Ashok Koley,

residing at 11/2/23, Hem Chakraborty Lane, Kadamtala,

P.SA. Bantra, District Howrah.

6. Shipra Panja,

daughter of late Bibhti Bhusan Panja,

residing at  Chakur Bagan,

Howrah.

7. Santu Mondal,

son of Sri  Gopal Mondal,

residing at 41, Harekrishna Nagar Haskhalipole Sankrail,

District Howrah……………………………………………… COMPLAINANTS.

• Versus -

   

      1. Life Care Infrastructures India  Limited, 

          having its head office at  A.D. Apartment, O.T.  Road,

          Bazar Para, P.O. & P.S. Uluberia,

          District Howrah,

          PIN 711316.

   

     2.  Chairman, Shri  Pralay Kumar Saw,

          son of Salil Kumar Saw,

          residing at  Bhuenra Dakshin Para Haturia, Bagnan,

          District Howrah,

          PIN 711303.

   

    3.   Shri Sujit Mitra,

          Board of Directors,

          residing at Harop Bazar Para Haturiya, Bagnan, Uluberia,

          District Howrah,

          PIN 711303.

   

     4.   Shri Srikesh Porel,

           son of Gunadhar Porel, Director,

           residing at Dakshin Haturiya Pora Para Haturiya, Bagnan,

           District Howrah,

           PIN 711303…………………………………………………...OPPOSITE PARTIES.

   

   

                                                  P   R    E     S    E    N     T

   

  Member  In Charge     :      Smt. Jhumki Saha.

  .

                                             Member       :  Shri Subrata Sarker.      

   

                                                   F  I   N   A    L       O   R   D    E     R

   

• 1. Complainants, seven in numbers,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.ps. to refund Rs. 6,16,300/-, to pay Rs. 3,00,000/- as compensation and Rs. 10,000/- as litigation costs along  with other relief or reliefs as the  Forum may deem fit and proper. 

2. Brief fact of the case is that complainants madeinvestmentsin different schemes viz. M.I.S., recurring deposits of o.ps. The o.ps.issued certificates vide Annexures in favour of the complainants which areas follows :

1. Keya Samanta M.I.S. Certificate no. 119983,

                             Recurring Deposit Certificate nos. 119971, 126026,

2. Sri Jagannath Samanta M.I.S. Certificate no. 101830,

                                       Recurring Deposit Certificate nos. 101783, 119898.  

3. Chanchal Sarbadhikary M.I.S. Certificate no. 119985,

                                       Recurring Deposit Certificate nos. 119972, 93529.

4. Subal Sabal Recurring Deposit Certificate no. 109515,

5. Shila Koley Recurring Deposit Certificate no. 119903,

6. Shipra Panja Recurring Deposit Certificate no. 119929,

7. Santu Mondal Recurring Deposit Certificate no. 119907.

3. O.Ps.promised to pay the monthly interest of M.I.S. and the maturity amount of the recurring deposits on the due dates to the complainants  and upto November, 2013 they paid the same regularly. Complainants  repeatedly went to the office of o.ps but on different  pleas they have returned the complainants  without giving their  monthly interest amount and the maturity amount of the recurring deposits. It is further stated by the complainants that due to this non action and gross negligence on the part of the o.ps., complainants have  been compelled to face tremendous problem due to scarcity of money with which they  were  supposed to meet their  day to day expenditure, medical expenditure, children’s education etc. which are really at stake. And when complainants went to the office of the o.ps., they  could understand that the o.ps. are trying to shut down their local office. So, finding no other alternative, complainants  filed this instant  petition praying for the aforesaid relief. 

4. Notices were served. O.p. neither appearednor filed any written version.

Accordingly, case was heard ex parte.

5. Upon pleadings of both parties two points arose for determination :

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

2. Whether the complainants areentitled 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 complainants and noted its contents. Complainant invested M.I.S. and Recurring Deposit in the o.ps. company. It is the fact that o.ps. have failed to pay the monthly interest and maturity amount of recurring deposit since November, 2013 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 ofcomplainants. 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 complainant.O.ps. have miserably failedto keep promise which certainly amounts to deficiency inservice coupled with unfair trade practice on theirpart 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. 603  of 2014 ( HDF  603  of 2014 )  be  allowed ex parte  with  costs  against  the O.Ps.     

      That the  O.Ps.  are  directed   to pay the principal amount as well as the maturity amount  of all investments along with upto date monthly due interest  in terms of the certificate in question  within one month from this order  i.d., @ 9% p.a. interest shall be charged on the entire decreetal amount till actual payment.

      No order as to compensation.

      The complainants do get an award of Rs. 5,000/- as litigation cost and o.ps.  are directed to pay the same within one month from this order i.d. amount shall carry an interest @ 9% 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.