DATE OF FILING                    :     27-05-2014.

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

DATE OF FINAL ORDER       :     18-12-2014.  

1. Sonai Sadhukhan,

   wife of Sri Shibnath Sadhukhan,  

residing at village – Kahyabpur, P.O. Mahis Rakha, P.S. Uluberia,

District – Howrah.

2. Shibnath Sadhukhan,

son of Bonoram Sadhukhan,

residing at village – Kshyabpur Uttar Kulgachi,

Hazra Maiti Para, P.S. Uluberia,

District – Howrah.

3. Nurnahar Begum,

wife of Sk. Aktar Ali,

residing at village -  Chandipur Pukuria Betberia,

P.S. Shyampur, District – Howrah.

4. Subhodip Mondal,

son of Birendranath Mondal,

residing at village  Chengail, Karunapara, P.O.  Chengail,

P.S. Uluberia, District – Howrah.

5. Rukiya Bibi,

wife of Sk. Saifuddin,

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

District Howrah.

6. Ajman Bibi,

wife of Sk. Samsul Ali,

residing at Village Betberia, P.O. Khurigachi,

District Howrah.

7. Selima Bibi,

wife of Sk. Bakkar,

residing at village Betberia, P.O. Khurigachi,

District Howrah.

8. Rakia Begum,

wife of Sk. Mannan,

residing at Betberia, P.O. Khurigachi,

District Howrah.

9. Sultana Begum,

wife of Sk. Alauddin,

residing at Kolia Nabagram, Shibpur, P.S. Shyampur,

District Howrah,

10. Sumina Khatun,

daughter of Aktar Ali,

residing at Betberia, P.O. Khurigachi,

District Howrah.

11. Soumen Marick,

son of Ramchandra Marik,

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

District  Howrah. 

12. Sahanara Begum,

wife of Sk. Matiar,

residing at village Betbria, P.o. Khurigachi,

District Howrah.

13. Soma Mondal,

daughter of Uttam Mondal,

residing at village  Chengail, Madhyapara, P.S. Uluberia,

District Howrah.  

14. Sekh Jamina,

wife of Ajad,

residing at village Betberia, P.O. Khurigachi,

District Howrah.

15. Shakila Sk,

daughter of Jamsad Ali Kha,

residing at village Betberia, P.o. Khurigachi,

District Howrah. 

16. Raosana Begum,

wife of Sabir Molla,

residing at village  Chandipur, Pukuria, P.O. Khurigachi,

P.S. Shyampur, District Howrah.  

17. Sk Mahila Bibi,

daughter of Sk. Bahar Ali Kha,

residing at Village Betberia, P.O. Khurigachi,

District Howrah.

18. Sk Rajiya Sultana Begum,

wife of Nabab Sk, residing at village Betberia, P.O. Khurigachi,

District Howrah.

19. Sk Ajmira,

wife of Sk. Jahangir,

residing at village Betberia, P.O. Khurigachi,

District Howrah.

20. Mustafa Midde,

daughter of Tahazzad Midde,

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, 20 in numbers,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.p. to refund Rs.1,21,650, to pay Rs. 1,00,000/- as compensation and Rs. 10,000/- 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 complainant made investments in the scheme of recurring deposits and fixed deposit schemes of o.p. The o.p.issued certificates vide Annexures in favour of the complainant which areas follows :

1. Sonai Sadhukhan Fixed Deposit Certificate No. 698614,

1. Shibnath Sadhukhan Recurring Deposit Certificate No. 13517,

1. Nurnahar BegumRecurring Deposit Certificate No. 2240, 16966.

    

2. Subhodip Mondal Recurring Deposit Certificate No. 20573,

1. Rukiya Bibi Recurring Deposit Certificate No. 24481,

1. Ajman BibiRecurring Deposit Certificate No. 26090,

    

2. Selima Bibi Recurring Deposit Certificate No. 981922,

1. Rakia Begum Recurring Deposit Certificate No. 29561,

1. Sultana Begum Recurring Deposit Certificate No. 674478,

1. Sumina Khatun Recurring Deposit Certificate No.14774,

1. Soumen Marick Recurring Deposit Certificate No. 619090,

    

2. Sahanara Begum Fixed Deposit Certificate No. 674483,

    

3. Soma Mondal Recurring Deposit Certificate No. 31836,

1. Sekh Jamina Recurring Deposit Certificate No. 29562,

1. Shakila Sk Recurring Deposit Certificate No. 674479,

1. Raosana BegumRecurring Deposit Certificate No. 886461,

1. Sk Mahila Bibi Recurring Deposit Certificate No.698618,

1. Sk Rajiya Sultana Begum Recurring Deposit Certificate No. 32263,

1. Sk Ajmira Recurring Deposit Certificate No. 18951,

1. Mustafa Midde Recurring Deposit Certificate No. 29563.

3. O.Ps.failed to pay the maturity amount of investments since December, 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.  ?

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 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 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 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. 309  of 2014 ( HDF 309  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.