DATE OF FILING                    :     27-05-2014.

DATE OF S/R                            :      30-07-2014.

DATE OF FINAL ORDER       :     18-12-2014.  

1. Smt. Punam Marick,

   wife of Sri Soumen Marik,   

residing at village Chandipur, P.O. Khurigachi, P.S. Shyampur,

District – Howrah.

2. Archana Hazra,

wife of Goutam Hazra,

residing at village Chandipur, P.O. Khurigachi, P.S. Shyampur,

District – Howrah.

3. Smt. Gitika Sapui,

wife of Haripada Sapui,

residing at village Chandipur, P.O. Khurigachi, P.S. Shyampur,

District – Howrah.

4. Sk. Kabikul,

son of Alkesh Sk.

residing at Sk. Para Khalisani, P.S. Uluberia, 

District – Howrah.

5. Sukumar Jana,

son of Sekhar Jana,

residing at Sk. Para, P.S. Uluberia, District Howrah.

6. Patal Marik,

wife of Saumitra Marik,

residing at village Chandipur, P.O. Khurigachi, P.S. Shyampur,

District Howrah.

7. Lipika Marick,

wife of Saumitra Marik,

residing at village  Chandipur, P.O. Khurigachi, P.S. Shyampur,

District Howrah.

8. Susmita Marick,

Daughter of Dilip Marik,

Residing at village  Chandipur, P.O. Khurigachi, P.S. Shyampur,

District Howrah.

9. Juma Garai,

wife of Swapan Garai,

residing at village Chandipur, P.O. Khurigachi, P.S. Shyampur,

District Howrah.

10. Madhumita Das,

wife of Sukhen Das, residing at

village  Chandipur, P.O. Khurigachi, P.S. Shyampur,

District Howrah.

11. Biswanath Marick,

Daughter of Ramchandra Marick,

village  Chandipur, P.O. Khurigachi, P.S. Shyampur,

District Howrah.

12. Amena Bibi,

wife of Abul,

village  Betberia, P.S. Shyampur,

District Howrah.

13. Basanti Sadhukhan,

wife of Balaram Sadhukhan,

village  Kashybpur Dakshin Chandipur, P.O. Uluberia,

District Howrah.

14. Sekh Aklima,

wife of Faijul, residing at

village  Betberia, P.O. Khurigachi, P.S. Shyampur,

District Howrah.

15. Meherunnesha Sekh,

wife of  Golam Sk.

village  Betberia, 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

   

• 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. 33,300/-, to pay Rs. 50,000/- as compensation, litigation costs of Rs. 10,000/-  along  with other relief or reliefs as the  Forum may deem fit and proper. 

2. Brief fact of the case is that complainants madeinvestmentsin the scheme ofrecurring deposits and fixed deposit scheme of o.p. The o.p.issued certificates vide Annexuresin favour of the complainants which areas follows :

1. Smt. Punam Marick Recurring Deposit Certificate No.981939,

1. Archana Hazra Recurring Deposit Certificate No. 981933,

1. Smt. Gitika SapuiRecurring Deposit Certificate No. 981934,

1. Sk. Kabikul Recurring Deposit Certificate No. 18939,

1. Sukumar Jana Recurring Deposit Certificate No. 26075,

1. Patal Marik Recurring Deposit Certificate No. 629619,

1. Lipika Marick Recurring Deposit Certificate No. 30254,

1. Susmita Marick Recurring Deposit Certificate No. 678775,

1. Juma Garai Recurring Deposit Certificate No. 2266,

1. Madhumita Das Recurring Deposit Certificate No. 12065,

    

2. Biswanath Marick Recurring Deposit Certificate Nos. 32261, 32262,

1. Amena Bibi Fixed Deposit Certificate No. 956682,

1. Basanti Sadhukhan Fixed Deposit Certificate No. 886460,

1. Sekh AklimaRecurring Deposit SchemeNo. 12044,

1. Meherunnesha Sekh Recurring Deposit Scheme no. 31556.

3. O.Ps.failedto pay the maturity amount of investments since December, 2013 to some complainants, complainant srepeatedly went to the office of o.ps but on different pleas they have returned the complainants without giving the irmaturity 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, complainant sfiled 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.  ?

2. 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 invested in the o.ps. company. It is a fact that o.ps. have failed to pay the maturity amount since December, 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 failedto keep promise which certainly amounts to deficiency inservice coupled with unfair trade practiceon 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. 307  of 2014 ( HDF 307  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.