Order-6.
Date-05/12/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant’s case in short is that the O.Ps. belong to Vibgyor Group. The complainant deposited a sum of Rs.400/- per month on 05/04/2013 under Jewellery Scheme ith O.P.-1 being Account No.BCON354402 and Application No.522082. The maturity value of the said deposit was of Rs.18,000/- and the date of maturity was on 05/04/2016. Complainant made another deposit with O.P.-2 for a sum of Rs.50,000/- on 25/11/2013 for 60 months with repayment value of Rs.1,00,000/- being Certificate No.BCON87602 and Application No.34053. The complainant made further deposit with O.P.-3 of Rs.12,000/- with O.P.-3 on 05/04/2013 for 66 months with the repayment value of Rs.24,000/- and the date of repayment on 05/10/2018 being Certificate No.BCON56936 and Application No.083756.
The complainant has come to know that the office of the O.Ps. are put under lock & key and he has not received the redemption value of F.D. which was matured on 05/04/2016 and the complainant could not be able to contact the O.P. for his other deposits. It is alleged that the doors of the O.Ps. is under padlock and O.Ps. have adopted unfair trade practice. The complainant has also alleged deficiency of service against the O.Ps. Hence, this case.
O.Ps. have not appeared in this case. O.Ps. have neither filed W.V. nor contested the case. The case has proceeded ex-parte against the O.ps.
Point for Decision
- Whether the O.Ps. are deficient in rendering service to the complainant ?
- Whether O.Ps. haveadopted unfair trade practice ?
- Whether the complainant is entitled to get the relief as prayed for ?
Decision with Reasons
All the points are taken up together for the sake of brevity and convenience of discussion and as the points are inter related.
We have travelled over the documents on record, namely, Xerox copy of receipt of allotment, Xerox copy of loan certificate, Xerox copy of loan receipt, Xerox copy of Partner Admission Advice-cum-Capital Contribution and other documents on record.
It appears that the complainant invested an amount of Rs.5,000/-on 30/08/2013 with the O.P. being Certificate No..BCON75820 and Application No.014178 for 60 months.
It also appears that the complainant invested an amount of Rs.80,000/- in total with O.Ps.-1, 2 and 3 under different schemes of O.Ps. being Certificate Nos.BCON354402, BCON87602 and BCON56936 and being Application Nos.522082, 34053 and 083756 respectively. It also appears from the Xerox copy of loan certificate and F.D. receipt that the dates of redemption of those investments are 05/04/2016, 05/10/2018 and 25/11/2018.
It also appears that the complainant has not received the maturity value of his deposited sum under Certificate No.BCON354402 on 05/04/2016. More so, the fate of other two deposits of the complainant are in dark. It is alleged that It is alleged that the office of the O.Ps. is under lock & key. So it appears that the O.Ps. have usurped the deposited amount of the complainant and have avoided the responsibility of repayment. We think that O.P. parties has resorted to unfair trade practice. We also think that the O.Ps. are deficient in rendering service to the complainant.
None came from the side of the O.Ps. to challenge or controvert the version of the complainant. The recitals of the complainant as stated in the petition of complaint remain unchallenged and uncontroverted.
In absence of any contrary and controverting materials on record and having regard to the documents on record we think that complainant is entitled to get the relief as prayed for.
In result, the case succeeds.
Hence,
Ordered
That the instant case be and the same is allowed ex-parte but on merit against the O.Ps.
O.Ps.-1, 2 and 3 are jointly and severally directed to pay an amount of Rs.80,000/- in respect of Certificate Nos. BCON354402, BCON87602 and BCON56936 within one month from the date passing this order.
The O.Ps. are also jointly and severally directed to pay an amount of Rs.25,000/- as compensation for causing harassment, mental agony to the complainant within the said stipulated period.
The O.Ps. are also jointly and severally directed to pay an amount of Rs.40,000/- as penal damage for practicing unfair trade to this Forum within the said period.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act.
