DATE OF FILING                    :     16-01-2014.

DATE OF S/R                            :      13-02-2014.

DATE OF FINAL ORDER      :     25-08-2014.  

Raju Rabi Das,

son of late Moti Lal Rabi Das

of  8, Shib  Chandra Chatterjee  Street,

P.O. Belurmath, P.S. Belur ( old Bally ),

District –Howrah,

PIN – 711202. .--------------------------------------------------------------  COMPLAINANT.

-          Versus   -

1.         M/S. Rose Valley Real Estates and  Construction Ltd.,

            of  RGM-25/3010, Raghunathpur, VIP  Road,

            Kolkata – 700059.

2.         The Branch Manager,

            M/s.  Rose Valley Real Estates and  Construction Ltd.

            of  Dhulagori Sankrail, P.S. Sankrail,

            District – Howrah,

            PIN – 711313.  -----------------------------------------------------OPPOSITE PARTIES.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  Complainant, Raju Rabi Das,   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 pay Rs. 54,704/- being the maturity amount along with statutory interest since 27-9-2013 till actual payment, to pay Rs. 10,00,000/- as compensation for causing severe mental agony and Rs. 1,00,000/- as litigation costs along with other order or orders as the Forum may deem fit and proper. 

2.               Brief fact of the case is that complainant invested money in a scheme namely, E2 vide Application no. 07C10586001 dated 27-09-2010 through monthly installment payment of Rs. 1,120/- each for 36 months in the o.p. company. o.p. also issued certificate to that effect vide  annexure. Accordingly, on 27-09-2013 the date of maturity for such investment became due. And the complainant deposited his original certificate and other documents on 24-09-2013 with the O.P. But is it alleged by the complainant that o.ps. failed to pay the maturity amount. He wrote a letter to o.ps. on 27-12-2013 requesting them to pay his legitimate dues but even after receiving the said letter, o.ps. remained silent and did not pay the maturity value till  filing of this case. Being aggrieved, complainant filed this case with the aforesaid prayers.

3.               Notices were served. They   appeared and filed written version. Accordingly, case was heard on contest.

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

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

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.               Both the points are  taken up together for consideration. O.ps. in their written version vide para 9 have categorically stated that complainant failed to pay the monthly installments of Rs. 1,120/- each on several occasions. Even he paid his last five installments, due from 27-04-2013 to 27-08-2013, only on 24-09-2013 vide  Annexure ‘A’ of written version. It is a fact that o.ps. took penalty for such delay on an average of Rs. 50/-. But it is also to be noted that just before three days of his maturity date, i.e., 27-09-2013, complainant paid as many as five installments only on 24/09/2013 and it is very clear from Annexure ‘A’ of W/V that the o.ps. could not utilize complainant’s invested fund properly and effectively.  However, o.ps. have  already been ready to pay the maturity amount of  Rs. 54,704/- since 02-01-2014 when they prepared the cheque in favour of the complainant vide  Annexure ‘B’ of written version. And the complainant filed this instant case on 16-01-2014. Under the above circumstances, we allow the complaint / petition in part against the o.ps.   Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 18  of 2014 ( HDF 18 of 2014 )  be  allowed on contest in part with  costs  against  the O.Ps. 

      That the  O.Ps. are jointly and severally directed to pay  the maturity amount of `. 54,704/-    within fifteen days from this order i.d., it shall carry an interest @ 10% p.a. till actual payment.

      No order as to compensation. The complainant do get an award of `2000/- as litigation cost and O.Ps. are directed to pay the same within fifteen day from this order i.d. entire amount of `56704/- shall carry an interest @ 10% p.a. till actual payment.

      The complainant is 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.