DATE OF FILING : 30.11.2015.
DATE OF S/R : 27.01.2016.
DATE OF FINAL ORDER : 28.04.2017.
Smt. Archana Mal,
w/o. Sukanta Mal,
village Amtala, P.O. Sundarpur, P.S. Uluberia,
District Howrah,
PIN 711316.………………………………………………………… COMPLAINANT.
1. NVD Solar Limited,
21/1, Karnani Estate,
209, A.J.C. Bose Road,
Kolkata 700017.
2. The Director,
NVD Solar Limited,
Mr. Subrata Mondal,
20/1, Hriday Krishna Banerjee Lane, Bantra Sadar,
Howrah – 711101 and also
Mr. Dipsekhar Mukherujee,
4/1B, Kundu Lane, Bhowanipur,
Kolkata 700025.
3. The Managing Director,
NVD Solar Limited,
Mr. Saibal Hazra,
49, Kailash Bose Lane, Howrah Sadar,
Howrah 711101. And also
120/1, Ramkrishnapur Lane, Shibpur Sadar, 3rd floor,
Howrah 711102.
4. The Chairman,
NVD Solar Limited,
Mr. Arun Kr. Chakraborty,
15/1, Ambika Ghosh Lane, Shibpur Sadar,
Howrah 711102.
5. The Regional Manager,
Bagnan Branch, Anup Kumar Bagui,
VP 2 ( Vice President )
village & P.O. Jagadishpur ( Kalinagar ) P.S. Uluberia,
District Howrah,
PIN 711316. ………………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Smt. Archana Mal, against the o.ps., NVD Solar Ltd., and four others, praying for direction upon the o.ps. to pay MIS amount of Rs. 375/- from the month of November, 2012 till today and to pay Rs. 27.500/- as redemption amount after deduction amount withdraw before maturity with 18% p.a. interest till realization and also to pay Rs. 50,000/- as compensation and cost of filing of the case.
- The case of the petitioner is that she purchased energy products of Rs. 25,000/- from o.p. no. 1 under solar power scheme for the period of 60 months and the date of acceptance of the scheme was 31.10.2012 and was redeem on 31.10.2017 and the o.p. no. 1 issued a certificate as money receipt against purchase of the said products on condition that Rs. 375/- as MIS per month from the receipt of consideration amount of Rs. 25,000/-. The o.p. did not pay the MIS amount to the complainant and for that reason complainant requested the o.ps. to refund the deposited amount with due MIS amount. Complainant visited the office of the o.ps. on several times and requested them to pay the aforesaid deposited amount but the o.ps. did not pay any heed to her request. Being frustrated and findings no other alternatives, complainant filed this instant case with the aforesaid prayers.
- The o.p. no. 5 contested the case by filing a written version denying the allegations made against them and submitted that he was working as a commission agent so he is not at all liable to return and/or pay the deposited amount to the complainant. The instant case is harassing one for the o.p. no. 5 and compelled him to face the complaint petition. The complainant with crooked motive filed this instant case for her wrongful gain and he prayed for deleting his name from the case which be dismissed against him.
- The o.p. nos. 1 to 4 did not appear in the case and so they filed no written version. Thus, the case is heard ex parte against them.
- Upon pleadings of parties the following points arose for determination :
- Is the case maintainable in its present form ?
- Whether the petitioner has any cause of action to file the case ?
- Whether there is any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- All the issues are taken up together for the sake of convenience and brevity for discussion and to skip off reiteration. In support of her case, the petitioner filed affidavit as well as documents in the form of certificate of NVD Solar Limited wherein it shows that complainant was deposited Rs. 25,000/- in total to the o.p. company vide Annexure ‘B’. From the affidavit in evidence as well as the documents filed by the petitioner wherefrom it is proved that and the o.p. no. 1 issued a certificate as money receipt against purchase of the said products on condition that Rs. 375/- as MIS per month from the receipt of consideration amount of Rs. 25,000/-. The o.p. did not pay the MIS amount to the complainant and for that reason the complainant finally requested the o.ps. to refund the deposited amount with due MIS amounts.
- As regards payment made by o.p. no. 5 to the petitioner as stated by the counsel for the o.p. no. 5 this Firm finds no such evidence that payment was made to the petitioner and also his client was a simple commission agent. On the other hand the documents issued by o.ps. being the certificate showing which the consideration amount was taken which is proved before the Forum clearly. The o.ps. neither paid the deposited installments nor the anything else. Thus, the petitioner succeeded in proving the case.
In result, the application succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 382 of 2015 ( HDF 382 of 2015 ) be and the same is dismissed on contest without costs against the O.P. no. 5 and allowed ex parte against the rest o.p. nos. 1 to 4 with costs.
The petitioner is entitled to the relief as prayed for. The o.p. nos. 1 to 4 are directed to pay the deposited amount of Rs. 25,000/- to the petitioner with outstanding MIS amount of Rs. 375/- per month from the date of receipt of the said deposited amount i.e. from 31/10/2012 to till realization within 30 days from the date of this order.
The petitioner is also entitled to Rs. 5,000/- as compensation and Rs. 3,000/- as litigation costs which be paid also by 30 days from this date by o.ps. to the petitioner failing the whole amount would carry interest after stipulated period @ 9% p.a.
The complainant is at liberty to put the order into execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
