Judgment : Dt.31.7.2017

Shri Satish Kumar Verma, President

            This is a complaint made by (1) Dr. Bimal Chandra Bhandari, son of Late Jogendra Nath Bhandari, at ‘Matri Bhaban’, 1, Ramkrishna Pally, Chandmari, P.O.- Danes Chandra, Howrah-711 109 and (2) Smt. Gouri Bhandari, wife of Dr. Bimal Chandra Bhandari, son of Late Jogendra Nath Bhandari, at ‘Matri Bhaban’, 1, Ramkrishna Pally, Chandmari, P.O.- Danes Chandra, Howrah-711 109 against – (a) Managing Director, represented by Mr. Abhishek Sen, registered office at Senco Jewellery Palace Abhasan Pvt. Ltd., 118, Rash Behari Avenue, P.S.-Gariahat, Kolkata-700 029, OP No.1 and (b) Mr. Neranjan Maity, of 13/3, Sarat Chatterjee Road, Howrah-711 104, praying for direction upon the OP to pay the entire matured amount of Rs.3,85,000/- for delayed interest @ 18% p.a. from the date of claim till payment, and to award cost and compensation of Rs.1,00,000/- and to pay the litigation cost.

            Facts in brief are that Complainants being allured and attracted to the newspaper advertisements invested money in Dhanvridhi Gold circulated by the OPs. Complainants deposited their hard earned money in fixed deposit certificate scheme. The total maturity amount was Rs.3,85,000/-. The certificates matured. But, the OPs did not pay any money. Complainants persuaded the OPs to make payment. But, they did not pay any money and avoided the payment for some ground or other. So, Complainants filed this case.

            OPs did not contest the case by filing written version. So, the case is heard ex-parte.

Decision with reasons

            Complainant filed a petition praying for treating the contents of the complaint as affidavit-in-chief.

            Main point for determination is whether Complainants are entitled to the reliefs as prayed for.

            Complainants have filed Xerox copy of four Dhanvridhi Certificate, which reveal that two certificates are in the name of Complainant No.2 i.e. Smt. Gouri Bhandari and dother two are of Dr. Bimal Chandra Bhandari. Further, it appears that such certificates in the name of Smt. Gouri Bhandari are having maturity value of Rs.2,20,000/- and two certificates in the name of Dr. Bimal Chandra Bhandari and maturity value of Rs.1,65,000/-. As such, the amount comes to Rs.3,85,000/-. However, Complainants have not filed original certificates.

            As such, we are of the view that Complainants will have to file original certificates at the time of receiving payment.

            Complainants have prayed for compensation of Rs.1,00,000/- and litigation cost of Rs.15,000/-. Considering the circumstances, we are of the view that if compensation of Rs.20,000/- and litigation cost of Rs.5,000/- are awarded it will suffice.

            Hence,

ordered

            CC/39/2017 is allowed in part ex-parte.

            OP No.1 is directed to pay the matured value to the Complainant as per their certificates provided Complainants submit original certificates, either before OP No.1 or before this Forum, within two months. In addition, OP No.1 is also directed to pay Rs.25,000/- to the Complainants as compensation and litigation cost within the same period. In default, the total amount of Rs.4,10,000/- shall carry interest @ 10% p.a.