DATE OF FILING : 16-01-2014.
DATE OF S/R : 10-03-2014.
DATE OF FINAL ORDER : 21-08-2014.
1. Sk. Mostakin,
son of Sk. Asraf,
residing at Village Betberia, P.O. Khurigachi,
District –Howrah,
PIN – 711315.
2. Jahir Khan,
son of Momtaj Khan,
residing at village – Kaalgeria, Anandapur,
Pachim Medinipur,
PIN - 721260.
3. Sk. Hosanur Rahaman,
son of Sk. Abdul Basar,
residing at Saha O Sekhpara, Panchla,
Howrah – 711322.
4. Gayetri Seth,
son of Dipankar Seth,
5. Surojit Mondal,
son of Ashok Mondal,
6. Tanmoy Banerjee,
son of Tarun Banerjee,
residing at Chengail, Karunapara, Uluberia,
Howrah – 711308.
7. Sukla Dey,
son of Nandalal Dey,
residing at village - Chengail, Mondal & Naskarpara,
Uluberia, Howrah.
8. Satyajit Santra,
residing at village – Saradapara, P.O. Puisali,
District – South 24 Parganas.
9. Samir Naskar,
son of Sri Gaur Naskar,
residing at Chengail, Karunapara, P.O. Chengail,
P.S. Uluberia, District – Howrah.
10. Sekh Asadul,
residing at Betaberia, P.O. Khurigachi, P.S. Shyampur,
District – Howrah.
11. Sk. Jiyarul,
son of Sk. Israil, Betaberia, residing at village – Betaberia,
residing at village – Betaberia, P.O. Khurigachi,
P.S. Shyampur,
District – Howrah.
12. Sanat Kumar Mondal,
son of Bhisma Mondal,
residing at village – Chengail, Madhyapara, , P.O. Chengail,
P.S. Ulubereia, District – Howrah.
13. Chiranjit Mondal,
son of Tapan Mondal,
residing at Chengail, Karunapara, Uluberia,
District – Howrah.
14. Nandalal Dey,
Son of Sufal Dey,
residing at village – Chengail, Madhyapara, P.O. Chengail,
P.S. Uluberia, District – Howrah.
15. Santu Das,
son of Haradhan Das,
residing at village & P.O. Chengail, P.S . Uluberia,
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 of fifteen numbers, namely 1) Sk. Mostakin, 2) Jahir Khan,
3) Sk. Hosanur Rahaman, 4) Gayetri Seth, 5) Surojit Mondal, 6) Tanmoy Banerjee, 7) Sukla Dey, 8) Satyajit Santra, 9) Samir Naskar, 10) Sekh Asadal, 11) Sk. Jiyarul, 12) Sonat Kumar Mondal, 13) Chiranjit Mondal, 14) Nandalal Dey, 15) Santu Das by filing a joint petition U/S 12 of the C.P. Act, 1986 ( as amended up to date ) have prayed for a direction to be given upon the o.ps. to pay their respective maturity amount of the investments along with due monthly interest, to pay an amount of Rs. 8,00,000/- in total as compensation for causing mental agony and harassment along with litigation costs of Rs. 25,000/- and other orders as the Forum may deem fit and proper.
2. Brief fact of the case is that complainants made one time investments in
monthly income scheme as well as in fixed deposit scheme issued by the o.ps., on different dates vide Annexures running pages P1 to 25. Their certificate nos. are as follows :
1) Sk. Mostakin - Policy No. 678782-400/3636,
2) Jahir Khan - Pass Book no. SSS00000 925.
3) Sk. Hosanur Rahaman- Certificate no. 956686.
4) Gayetri Seth - Certificate no.. 956680.
5) Surojit Mondal - Certificate no. 956684.
6) Tanmoy Banerjee- Certificate no. 956683.
7) Sukla Dey - Certificate no. 926418.
8) Satyajit Santra - Certificate nos. 678768, 678769, 14759.
9) Samir Naskar - Certificate nos. 26183, 19020.
10) Sekh Asadul - Certificate nos. 16972, 2246.
11) Sk. Jiyarul, Certificate nos. 13287, 642219.
12) Sanat Kumar Mondal, Certificate nos. 23424, 14766.
13) Chiranjit Mondal, Certificate no. 687842.
14) Nandalal Dey, Certificate no. 926419-400/3636, 13354, .
15) Santu Das Certificate nos. 632648, 635788, 642280, 674482.
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. 17 of 2014 ( HDF 17 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 jointly and severally 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.
