West Bengal

Bankura

CC/68/2014

Debasis Dutta - Complainant(s)

Versus

Manager, Rose Velly Real Estates - Opp.Party(s)

Sumanta Mishara

10 Feb 2015

ORDER

BANKURA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KUCHKUCHIA ROAD
SUREKA BHAWAN
BANKURA 722 101
WEST BENGAL
 
Complaint Case No. CC/68/2014
 
1. Debasis Dutta
Ramkrishana Pally, Durgapur Bye bass Road
 
BEFORE: 
 HON'BLE MR. JUSTICE YUDHISTHIR HALDER PRESIDENT
 HON'BLE MR. LOKNATH CHATTOPADHYAY MEMBER
 HON'BLE MRS. AGNIDIPA AGNIHOTRI MEMBER
 
For the Complainant:Sumanta Mishara , Advocate
For the Opp. Party:
ORDER

JUDGEMENT.

DATED :10-02-2015.

It is a complaint case for deficiency of service.

The case of the Complainants, in short, is this that the above named five Complainants deposited their amount as Recurring Deposit on each every month to the Rose Valley Real Estate & Construction Co. Ltd. but after maturity of the said deposit and after expiry of sixty-days in some cases and  ninety-days in some cases the said Complainants deposited their original certificates to the office of the O.P. but the O.P. did not issue any cheque or did not pay the maturity value of the said certificates.  But practically they refused to pay the said maturity amount.  For that reason the Complainants have filed this case praying for maturity value amounting to Rs.26,436/- for the Complainant Chaitali Dutta and Rs.17,624/- for the Complainant Deboriya Dutta and Rs.17,624/- for the Complainant Jharna Dutta and Rs.3,740/- for the Complainant Jyotsna Rajak and Rs.630/- for the Complainant Riju Khan and Compensation and litigation cost.

The O.P. has contested this case by filing written version contending inter alia that the company engaged in financial services for the last twenty-years and did their acts and performed their liabilities with full of reputation but at present due to unavoidable circumstances throughout the West Bengal the Company is in a difficulty which never

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Consumer  Complaint No.68 of  2014.

  indicates its any mal or wrong intension.

On the basis of pleadings of both the parties now the question is as to whether the Complainants are entitled to get the relief as prayed for.

                                                   Decision with reasons.

The Complainants have made same submissions as stated in the complaint. 

The Ld. Lawyer for the O.P. has not submitted any written notes of argument but has made same submissions as stated in the written version.

Considering the pleadings of both the parties and the documents submitted by the Complainants in support of their claim amounts and in absence of any documents denying maturity claim amount in respect of their respective certificates we find that there is no cogent reason to refuse the claim of the Complainant by the O.P.  Accordingly, this case is maintainable and should be allowed by directing the O.P. to pay the maturity value of the certificates  produced by the Complainants.

In the circumstances the above point is answered in favour of the Complainants. 

In the result complaint succeeds.

Hence, it is

                                                              Ordered

That the Complaint case no.68 of 2014 is allowed on contest against the O.P. but without any costs.

That the Complainant Smt. Chaitali Dutta is entitled to get the maturity amount of Rs.26,436/-, Complainant Deboriya Dutta is entitled to get Rs.17,624/-, Complainant Jharna Dutta is entitled to get Rs.17,624/-, Complainant Jyotsna Rajak is entitled to get Rs.3,740/- and the Complainant Riju Khan is entitled to get Rs.630/- from the O.P.

That the O.P., the Manager Rose Valley Real Estates & Constructions Ltd. is directed to pay said maturity values of certificates to each Complainants as mentioned above within two (2) months from the date of this Judgement failing which an interest @ 9 % p.a. will be accrued on the said amount of the respective Complainants from the date of this Judgement till realization.

Let a copy of this Judgement be supplied to the parties free of cost as per Rule.

 

 

                    (A. AGNIHOTRI)                                      (L. N. CHATTOPADHYAY)             (Y. HALDER)

                      Ld. Member                                                   Ld. Member                         Ld. President

 

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[HON'BLE MR. JUSTICE YUDHISTHIR HALDER]
PRESIDENT
 
[HON'BLE MR. LOKNATH CHATTOPADHYAY]
MEMBER
 
[HON'BLE MRS. AGNIDIPA AGNIHOTRI]
MEMBER

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