DATE OF FILING : 16-01-2014.
DATE OF S/R : 10-03-2014.
DATE OF FINAL ORDER : 21-08-2014.
1. Smt. Rakhi Das,
wife of Sri Santu Das,
residing at Village & P.O. Chengail,
P.S. Uluberia, District –Howrah,
PIN – 711308, for self and the constituted attorney of the
complainant nos. 2 to 11.
2. Banamali Mondal,
son of Sri Sukumar Mondal,
residing at village – Chengail, Madhyapara, P.O. C hengail,
P.S. Uluberia, District - Howrah.
3. Smt. Pratima Marik,
wife of Sri saumen Marik,
residing at village - Chandipur, P.O. Khurigachi,
P.S. Shyampur, District – Howrah.,
4. Sabina Begum,
wife of Sk. Mukta Ali,
residing at village _ Belberia, P.O. Khurigachi,
District – Howrah.
5. Patit Paban Garai,
son of Sri Ramchandra Garai,
residing at village – Belberia, P.O. Khurigachi,
District – Howrah.
6. Sk. Romesha,
wife of Hanna, residing at
Village – Betberia, P.O. Khurigachi,
District – Howrah.
7. Sri Sonat Mondal,
son of Sri Badal Mondal,
residing at village - Chengail, Karunapara,
P.O. Chengail, P.S. Uluberia,
District – Howrah.
8. Smt. Jhuma Mondal,
wife of Sri Tapas Mondal,
residing at Chengail, Karunapara, P.o. Chengail,
P.S. Uluberia, District – Howrah.
9. Sri Soumen Mondal,
son of Sri Nilmoni Mondal,
residing at Chengail, Karunapara, P.O. Chengail,
P.S. Uluberia, District – Howrah.
10. Sri Pranabesh Adhikary,
Son of Sri Santosh Adhikary,
Residing at Village & P.O. Chengail, P.S. Uluberia,
District – Howrah, PIN – 711308.
11. Smt. Anurupa Sardar,
wife of Sri Anil Sardar, residing at village – Chengail,
Karunapara, P.O. Chengail, P.S. Ulubereia,
District – Howrah.
12. Sk. Samsul Ali,
son of Sk. Subid Ali,
residing at village – Betberia, P.O. Khurigachi,
District – Howrah.
13. Smt. Sandhya Seth,
wife of Sri Ranjit Seth,
residing at village - Chandipur, P.O. Khurigachi,
P.S. Shyampur, District – Howrah.
14. Sahida Khatun,
wife of Mojammel,
residing at village – Betberia, P.O. Khurigachi,
District – Howrah.
15. Sk. Asadur Rahaman,
son of Abdul Basar Sekh,
residing at Saha and Sk. Para, P.S. Panchla,
District – Howrah.--------------------------------------------------- COMPLAINANTS.
- Versus -
1. NVD SOLAR LIMITED,
having its regional office
at Mankur More, Bagnan, District – Howrah,
PIN – 711303 and head office at 24/A, Karnani Estate,
209, A.J.C. Bose Road, Kolkata – 700017,
being represented by its Managing Director
viz. Shri Saibal Kumar Hazra, hav ing its office at
24/A, Kamani Estate, 209, A.J.C. Bose Road,
Kolkata – 700017.
2. Anup Bagui,
Son of Sri Gobardhan Bagui,
residing at Dakshin Jagadishpur, Baguipara ( Bagui Builders )
P.O. Jagadishpur, P.S. Uluberia,
District – Howrah, PIN – 711315.
3. Samir Das,
son of Sri Paatit Das,
residing at village – Banitabla Daspara,
N.H. 6, P.O. Banitabla Checkpost, P.S. Uluberia,
District – Howrah,
PIN – 711316. -----------------------------------------------------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. Complainants in 15 numbers namely Smt. Rakhi Das, Banamali Mondal, Smt.
Pratima Marik, Sabina Begum, Patit Paban Garai, Sk. Romesha, Sri Sonat Mondal, Smt. Jhuma Mondal, Sri Souman Mondal, Sri Pranabesh Adhikary, Smt. Anurupa Sardar, Sk. Samsul Ali, Smt. Sandhya Seth, Sahida Khatun, Sk. Asadur Rahaman 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 refund all premium amounts so paid by the complainant, to pay Rs. 8,00,000/- as compensation and Rs. 25,000/- as litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
2. Brief fact of the case is that complainants made investments in the scheme of monthly interest scheme, recurring, fixed deposits of o.p. no. 1. The o.p.no. 1 issued certificates in favour of the complainants which are as follows :
Smt. Rakhi Das - Policy No. 635791-400/1122, 619097-400/3005,
619081-400/3001,
Banamali Mondal – Policy No. 678778-400/3001, 678788-400/3005.
Smt.Pratima Marik - Policy No. 630503-400/1340, 619089-400/3005,
981940-400/1340,
Sabina Begum - Policy No. 642282-400/1122,
Patit Paban Garai - Policy No. 642218-400/1122,
Sk. Romesha - Policy No. 642281-400/1122,
Sri Sonat Mondal - Policy No. SSS00004134,
Smt. Jhuma Mondal – Policy No. SSS00012040,
Sri Souman Mondal - Policy No.678770/400/3636, 886556-400/3636,
Sri Pranabesh Adhikary - Policy No. SSS00000931,
Smt. Anurupa Sardar - Policy No. 956685-400/3636,
Sk. Samsul Ali - Policy No. 876791-400/3636, 821104-400/3636,
Smt. Sandhya Sheth - Policy No. 698616-400/3636, 956679-400/3636,
Sahida Khatun - Pass Book No. 5963253 ( Rs. 19,800/- was received on 22-10-
2013 by the complainant vide Annexure no. 57.
Sk. Asadur Rahaman - Pass Book No. 5962146 ( Rs. 18,000/- was received on 08-11-
2013 by the complainant vide Annexure no. 59.
3. O.P. no. 1 promised to pay the maturity amount on the date of maturity. But
it is alleged by the complainants that o.ps. did not pay the maturity amount as well as monthly installment of interest since August, 2013 till the filing of this case. Complainants repeatedly went to the office of o.ps but on different pleas they have returned the complainants after receiving the original certificate which already became matured without giving their maturity amount and monthly interest amount. It is further stated by the complainants that due to this non action and gross negligence on the part of the o.ps., complainants have been compelled to face tremendous problem due to scarcity of money with which they were supposed to meet their day to day expenditure, medical expenditure, children’s education etc. which are really at stake. So, finding no other alternative, complainants filed this instant joint petition praying for the aforesaid relief.
4. Notices were served. O.ps. neither appeared nor filed any written version.
Accordingly, case was heard ex parte.
5. 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 complainants are entitled to get any relief as prayed for ?
DECISION WITH REASONS :
6. Both the points are taken up together for consideration. We have carefully gone through the complaint petition along with annexures filed by the complainants and noted its contents. Complainants have also filed an affidavit swearing therein that all the money receipts whatever was issued by o.ps. in favour of any of the complainants are not the actual receipts of money by any of the complainants. O.ps. accepted all original certificates with an assurance to the complainants that their maturity amount would be deposited afresh. Actually complainant did not get any return out of their deposits i.e., neither the maturity amount nor the interest amount. People invest their hard earned money in a reputed company to get the ultimate benefit at their need. O.ps. have miserably failed to keep their promise which they made on the face of the certificates issued by them in favour of complainants. For their gross negligence in discharging duties, complainants had to should suffer a lot for the crying need of money. Sacrificing many present enjoyments involving monetary expenditure, complainants made those investments foreseeing their future needs. If that criteria is not fulfilled due to o.ps.’ severe negligence complainants are, thereby, truly prejudice which can be very well understood by a man of common prudence. Moreover, the o.ps. have not cared to appear before the Forum even after receiving summons. No w/V has been filed by them which clearly shows that they have nothing to put forward in their favour. And the complaint petition remains unchallenged and uncontroverted. And we have no difficulty to believe the unchallenged testimony of the complainants. O.ps. have miserably failed to keep promise which certainly amounts to deficiency in service coupled with unfair trade practice on their part which should not be allowed to be perpetuated for an indefinite period. And we are of the candid opinion that it is a fit case where the prayers of the complainants should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 16 of 2014 ( HDF 16 of 2014 ) be allowed ex parte with costs against the O.P. no. 1 and dismissed without costs against the rest.
That the O.P. no. 1 is directed to pay the maturity amount or the principal amount, whichever is applicable, of the certificates held by the different complainants along with the upto date due monthly interest within one month from this order i.d., @ 10% p.a. interest shall be charged on the entire decreetal amount till actual payment.
No order as to compensation.
The complainants do get an award of Rs. 10,000/- as litigation cost and o.p. no. 1 is directed to pay the same within one month from this order i.d. amount shall carry an interest @ 10% p.a. till actual payment
The complainants are 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.
