Judgment : Dt.27.7.2017

            This is a complaint made by Mrs. Gouri Biswas, wife of Late Phanindra Nath Biwas, residing at Vill- Singa, P.O.-Dighalgram, P.S.-Haringhata, Dist.- Nadia against (1) M/S Rista Fisheries & Infrastructure Ltd., having its office at premises being No.282, Diamond Harbour Road, P.S.-Behala, Kolkata-700 034, OP No.1, (2) Sri Srimanta Chakraborty, Director of M/S Rista Fisheries & Infrastructure Ltd., having registered office at premises being No.282, Diamond Harbour Road, P.S.-Behala, Kolkata-700 034, OP No.2, (3) Sri Sudip Chanda, Director of M/S Rista Fisheries & Infrastructure Ltd., having registered office at premises being No.282, Diamond Harbour Road, P.S.-Behala, Kolkata-700 034, OP No.3, (4) Sri Anupam Sarkar, Director of M/S Rista Fisheries & Infrastructure Ltd., having its registered office at premises being No.282, Diamond Harbour Road, P.S.-Behala, Kolkata-700 034, OP No.4 (5) Sri Saikat Mukherjee, Director of M/S Rista Fisheries & Infrastructure Ltd., having registered office at premises being No.282, Diamond Harbour Road, P.S.-Behala, Kolkata-700 034, OP No.5, praying for direction upon the OPs to pay matured amount of Rs.1,00,000/- along with interest @ 12%p.a. from the date o inception till the date of realization and for direction upon the OPs to pay Rs.1,00,000/- as compensation for harassment, mental agony suffered by the Complainant and also litigation cost.

            Facts in brief are that OP No.1 is a chit fund Company and OP No.2 to 5 are the Directors. OP No.1. launched a deposit scheme to the public at large for investment. Complainant is the nominee and her husband Phanindra Nath Biswas deposited a sum of Rs.1,00,000/- with the OPs on 3.12.2011 under monthly income scheme bearing Certificate No.RM1148 / 003A000342 dt.31.12.2011 for the period of 48 months. The date of maturity is on 31.12.2015. Phanindra Nath Biswas died on 25.5.2014 and therefore she became entitled to get value of the certificate. Complainant did not receive any interest in respect of the certificate. Complainant served one legal notice through her Advocate demanding inter alia the value of the said certificate along with interest thereby from the OPs. The legal notice was served upon the OPs. But, nothing was paid to the Complainant. As such OPs made deficiency of service and undertook unfair trade practice. Complainant suffered from mental agony due to the act and conduct of the OPs. The amount is lying in the custody of the OPs. So, Complainant filed this case.

            OPs did not appear and 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 certain Xerox copies of the documents which reveal that Complainant is the nominee of Phanindra Nath Biswas. The original certificate issued by the OPs has not been filed. On perusal of the records , it appears that Complainant had paid Rs.1,00,000/- for which certificate was issued, which has not been filed. Since the allegation remained unrebutted and unchallenged, we are of the view that Complainant is entitled to the refund of Rs.1,00,000/-, provided original certificates and receipts are filed.

            Hence ordered

            CC/237/2017 is allowed ex-parte. OPs are directed to pay Rs.1,00,000/- to the Complainant within 3 months of this order, provided Complainant files original certificate and receipts.