DATE OF FILING : 27-05-2014.
DATE OF S/R : 01-09-2014.
DATE OF FINAL ORDER : 18-12-2014.
1.Smt. Bithika Dey,
wife of Sri Astha Dey,
residing at Village & P.O. Chengail, P.S. Uluberia,
District – Howrah.
2.Provas Sadhukhan,
son of Biswanath Sadhukhan,
residing at Village & P.O. Chengail Madhyapara, P.S. Uluberia,
District – Howrah.
3.Shri Sanjoy Mondal,
son of Balaram Mondal,
residing at Village & P.O. Chengail Madhyapara, P.S. Uluberia,
District – Howrah.
4.Pritam Mondal,
son of Kalipada Mondal,
residing at Village & P.O. Chengail Madhyapara, P.S. Uluberia,
District – Howrah.
5.Kartick Paramanick,
son of Kashinath Pramanick,
residing at Village & P.O. Chengail Madhyapara, P.S. Uluberia,
District – Howrah.
6.Sakina Begum,
wife of Mustafa Midde,
residing at village Betberia, P.O. Khurigachi,
District – Howrah.
7.Sekh Namtaj,
wife of Sk. Nazrul,
residing at village Betberia, P.O. Khurigachi,
District Howrah.
8.Sekh Salehar Begum,
wife of Sk. Atirar Rahaman,
residing at village Betberia, P.O. Khurigachi,
District Howrah
9.Sekh Hasembanu,
wife of Sk. Saifuddin,
residing at village Betberia, P.O. Khurigachi,
District Howrah.
10.Alomora Begum, ,
wife of Sk. Rafikul,
residing at village Betberia, P.O. Khurigachi,
District Howrah.
11.Nabahar Begum,
wife of Md. Kahar Mollah,
residing at village Betberia, P.O. Khurigachi,
District Howrah.
12.Nurbanu Begum,
wife of Janali Khan,
residing at village Chandipur, P.O. Khurigachi,
District Howrah.
13.Kashmira Begum,
wife of Sk. Saifuddin,
residing at village Chandipur, P.O. Khurigachi,
District Howrah.
14.Rahamaton Begum,
wife of Sk. Safikul,
residing at village Betberia, P.O. Khurigachi,
District Howrah.
15.Sekh Mamtaj,
wife of Saraj Raj,
residing at village Betberia, P.O. Khurigachi,
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
1.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. 94,750, 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.
2.Brief fact of the case is that complainants made investments in the scheme of
recurring deposits and fixed deposit scheme of o.p. The o.p. issued certificates vide Annexures in favour of the complainants which are as follows :
Smt. Bithika Dey Recurring Deposit Certificate No. 02258,
Provas Sadhukhan Recurring Deposit Certificate No. 024466,
Shri Sanjoy Mondal Recurring Deposit Certificate No. 926417,
Pritam Mondal Fixed Deposit Certificate No. 25156,
Kartick Paramanick Recurring Deposit Certificate No. 674100,
Sakina Begum Recurring Deposit Certificate No. 26093,
Sekh Namtaj Recurring Deposit Certificate No. 18955,
Sekh Salehar Begum Recurring Deposit Certificate No.619084,
Sekh Hasembanu Recurring Deposit Certificate No. 886463,
Alomora Begum Recurring Deposit Certificate No. 956681,
Nabahar Begum Recurring Deposit Certificate No. 619092,
Nurbanu Begum Fixed Deposit Certificate No. 26086,
.
Kashmira Begum Fixed Deposit Certificate No. 886462,
Rahamaton Begum Recurring Deposit Certificate No.31555,
Sekh Mamtaj Fixed Deposit Scheme 24487.
3.O.Ps. failed to pay the maturity amount of investments since April, 2013 to some complainants, complainants repeatedly went to the office of o.ps but on different pleas they have returned the complainants without 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 meet day 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.
4.Notice was served. O.p. neither appeared nor filed any written version.
Accordingly, case was heard ex parte.
5.Two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
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 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 April, 2013 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 to 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 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 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. 306 of 2014 ( HDF 306 of 2014 ) be allowed ex parte with costs against the O.P.
That the O.Ps. are 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.
