West Bengal

Kolkata-III(South)

CC/239/2017

Smt. Rekha Chakraborty - Complainant(s)

Versus

M/S MPS Greenery Developers Ltd. - Opp.Party(s)

Shri Ashoke Kr. Singh

27 Jul 2017

ORDER

CONSUMER DISPUTE REDRESSAL FORUM
KOLKATA UNIT-III(South),West Bengal
18, Judges Court Road, Kolkata 700027
 
Complaint Case No. CC/239/2017
 
1. Smt. Rekha Chakraborty
W/O Lt. Noni Gopal Chakraborty 50 Purba Fullbagan P.O. Baghajatin P.S. Jadavpur Kol-86 W.B.
...........Complainant(s)
Versus
1. M/S MPS Greenery Developers Ltd.
Vill- Dighisole P.O. Dahijuri Jhargram Dis- West Midnapore pin-721504 W.B.
2. M/s. MPS Greenery Developers ltd.
having its branchb office at premises being no. 9, NR Bijon Setu, Cornfield Road, P.s.-Gariahat, Kol-700019, .West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Satish Kumar Verma PRESIDENT
 HON'BLE MR. Ayan Sinha MEMBER
 
For the Complainant:Shri Ashoke Kr. Singh, Advocate
For the Opp. Party:
Dated : 27 Jul 2017
Final Order / Judgement

Judgment : Dt.27.7.2017

            This is a complaint made by one Smt. Rekha Chakraborty, wife of Late Noni Gopal Chakraborty, residing at premises being No.50, Purba Fullbagan, P.O.- Baghajatin, P.S.-Jadavpur, Kolkata-700 086 against  - (1) M/s MPS Greenery Developers Ltd., having registered office at “MPS Enclave” Commercial Building, Vill-Dighisole, P.O.-Dahijuri, Jhargram, Dist.- West Midnapore, PIN-721504, OP No.1 and (2) M/s MPS Greenery Developers Ltd., having its branch office at premises being No.9, NR Bijon Setu, Cornfield Road, P.S.-Gariahat, Kolkata-700 019, praying for direction upon the OPs to pay Rs.80,000/- to the Complainant to the Complainant and Rs.1,00,000/- as compensation for harassment and litigation cost.

            Facts in brief are that OPs are the chit fund company. OPs launched a deposit scheme for investment. Complainant invested her hard saving money of Rs.40,000/- in four certificates. Complainant invested the money with a view to get return of Rs.80,000/-. Complainant had no idea whether OPs had required permission from the competent authority. Complainant made attempt to get money back with maturity value. But of no use. Complainant sent a legal notice through her Advocate. But that also did not yield any result. So Complainant 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 affidavit-in-chief and brief notes on argument.

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

            On perusal of the affidavit-in-chief and brief notes on argument, it appears that Complainant has reiterated the facts mentioned in the complaint petition.

            Complainant has filed Xerox copy of the documents. Further, on perusal of the prayer portion of the complaint petition, it appears that Complainant has prayed for return amount of Rs.80,000/- and compensation of Rs.1,00,000/-.

            Further, on perusal of the Xerox copy of the bond, it appears that return date of bond in 2 certificates re 24.6.2017 and in another two on 7.6.2018. Quantum of final return is also mentioned in the Xerox copy of the bond as Rs.20,000/- for each of the bonds.

            This complaint was filed on 24.4.2017 that means at a premature stage. In the view, Complainant is not entitled to the reliefs as prayed in the complaint petition.

            Hence ordered

            CC/239/2017 and the same is dismissed ex-parte.

 
 
[HON'BLE MR. Satish Kumar Verma]
PRESIDENT
 
[HON'BLE MR. Ayan Sinha]
MEMBER

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