DATE OF FILING : 27-05-2014.
DATE OF S/R : 30-07-2014.
DATE OF FINAL ORDER : 18-12-2014.
Sk. Saheda Begum,
wife of Sk. Mustakin,
residing at village Betberia, P.O, Khurigachi,
District Howrah.
- Rehena Khatun,
wife of Nazrul Islam,
residing at village Betberia, P.O, Khurigachi,
District Howrah.
- Sk. Mumtaj,
wife of Sk. Sajamal,
residing at village Betberia, P.O, Khurigachi,
District Howrah.
- SekhUshama Begum,
wife of Sk. Ajijur,
residing at village Betberia, P.O, Khurigachi,
District Howrah.
- Dhiman Chowhury,
son of Gouranga Chowdhury,
residing at village Balarampotha,
1 No. Govt. Colony, P.O. Panchla,
District Howrah.
- Sabera Khatun,
wife of Sk. Khokon,
residing at village Betberia, P.O, Khurigachi,
District Howrah.
- Sekh Majeda,
wife of Sk. Mujibar,
residing at village Betberia, P.O, Khurigachi,
District Howrah.
- Namita Mondal,
wife of Gurupada Mondal,
Residing at village Chandipur, P.O. Khurigachi, P.S. Shyampur,
District Howrah.
- Sukhesh Mondal,
wife of Bimal Mondal, ,
residing at village Chengail, P.O. Chengail, P.S. Uluberia,
District Howrah.
- Abul Mamin,
son of Sk. Barjahan,
residing at Betberia, P.O, Khurigachi,
District Howrah.
- Wasim Laskar,
son of Masiar Rahaman Laskar,
residing at village Sk. and Molla Para, P.O. & P.S. Panchla,
District Howrah.
- Sekh Mahibul,
Residing at village Betberia, P.S. Khurigachi,
District Howrah.
- Kalyani Mondal,
wife of Badal Mondal,
residing at village Chengail, P.O. Uluberia,
District Howrah.
- Khadija Begum,
wife of Badre Alam,
residing at village Betberia, P.O. Khurigachi,
District Howrah.
- Maya Garai,
wife of Ratan Garai,
residing at Chandipur, P.O. Khurigachi, P.S. Shyampur,
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, residing at 49, Kailas Bose Lane,
P.S. Shibpur, District Howrah,
PIN – 711101.
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 Patit 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
- Complainants, fifteen in numbers,by filing a 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.p. to refund Rs. 71,620/-, to pay Rs. 2,00,000/- as compensation, litigation costs of Rs. 15,000/- along with other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainants made investments in the scheme of, recurring deposits scheme of o.p. The o.p.issued certificates vide Annexures in favour of the complainants which areas follows :
Sk. Saheda Begum Recurring Deposit Certificate No. 698617,
Rehena Khatun Recurring Deposit Certificate No. 02251,
Sk. Mumtaj Recurring Deposit Certificate No. 619086,
Sekh Ushama Begum Recurring Deposit Certificate No. 12062,
Dhiman Chowhury Recurring Deposit Certificate No. 14779,
Sabera Khatun Recurring Deposit Certificate No. 619088,
.
Sekh Majeda Recurring Deposit Certificate No. 24479,
Namita Mondal Recurring Deposit Certificate No. 12049,
Sukhesh Mondal Recurring Deposit Certificate No. 30257,
Abul Mamin Recurring Deposit Certificate No. 619087,
Wasim Laskar Recurring Deposit Certificate No. 18941,
Sekh Mahibul Recurring Deposit Certificate No. 12057,
Kalyani Mondal Recurring Deposit Certificate No. 18947,
Khadija Begum Recurring Deposit Certificate No. 981923,
Maya Garai Recurring Deposit Certificate No. 981924.
- O.Ps.failedto pay the maturity amount of investments since February, 2014 to some complainants, complainants repeatedly went to the office of o.ps but on different pleas they have returned the complainant swithout giving their maturity amount. It is further stated by the complainants that due to this non action and gross negligence on the part of the o.p., complainants have been compelled to face tremendous problem due to scarcity of money with which they were supposed to meetday to day expenditure, medical expenditure, children’s education etc. which are really at stake. And when complainants went to the office of the o.ps. on different dates, they could understand that the o.ps. are trying to shut down their local office. So, finding no other alternative, complainants filed this instant petition praying for the aforesaid relief.
- Notice was served.O.p. neither appeared nor filed any written version.
Accordingly, case was heard ex parte.
- Two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
- Whether the complainants are entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the complaint petition along with annexures filed by the complainant and noted its contents. Complainant invested in the o.ps. company. It is a fact that o.ps. have failed to pay the maturity amount since February, 2014 for which complainants felt tremendous monetary problem. Because, people invest their hard earned money in a reputed company to get the ultimate benefit at their need. O.p. has miserably failed to keep his 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 tosuffer 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 is, thereby, truly prejudiced which can be very well understood by a man of common prudence. Moreover, the o.p. has 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 inservice coupled with unfair trade practiceon theirpart 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. 308 of 2014 ( HDF 308 of 2014 ) be allowed ex parte with costs against the O.P.
That the O.P. is directed to pay the principal amount of all investments made by the complainants in terms of the certificates in question as well as the maturity amount ( wherever applicable ) 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. 5,000/- as litigation cost and o.p. 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 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.
