Date of filing : 23.12.2014
Date of S/R : 17.03.2015
Date of Order : 27.01.2016
Shri Narayan Chamdra Maotu,
S/o Late Haripada Maity,
Vill-Hizlock, P.O. & P.S. Bagnan,
Howrah-711 303…………………………………………………….Complainant
Vs.
- NVD Solar Limited.,
21/1, Karnani Estate, 209, A.J.C. Bose Road,
Kolkata-700017 and vill.+P.O.+ P.S.- Bagnan,
District-Howrah-711303.
- The Director,
NVD Solar Limited,
Mr. Subrata Mondal,
20/1, Hriday Krishna Baneerjee Lane, Bantra,
Sadar, Howrah-711101.
- The Managing Director,
NVD Solar Ltd.,
Mr. Saibal Hazra,
49, Kailash Bose Lane, Howrah Sadar,
Howrah-711101. and also
120/1, Ramkrishnapur Lane, Shibpur Sadar,
3rd floor, Howrah-711102.
- The Chairman,
NVD Solar Limited,
Mr. Arun Kr. Chakroborty,
15/1, Ambika Ghosh Lane, Shibpur Sadar,
Howrah-711102……………………………………………………..Opponent parties
P R E S E N T
…………………………………………………………………………………..
President : Shri B. D. Nanda.
Member : Smt. J. Saha.
Member : Shri A. K. Pathak.
F I N A L O R D E R
This is an application U/s 12 of the Consumer Protection Act,1986 filed by the Petitioner, Narayan Ch. Maity against the O.P., NVD Solar Ltd. represented by O.P. 2 Director and O.P. 3 Managing Director and O.P. 4, Chairman being Subrata Mondal, Saibal Hazra and Arun Kr. Chakraborty respectively praying for direction upon the O.P. company to pay redemption amount of Rs. 22500/- with interest till realization and Rs. 50,000/- as compensation .
The case of the petitioner is that he purchased Solar energy product from the O.P.s engaged in manufacturing of solar power generating system like solar lartan , solar home lighting system , solar street lighting, solar dual charging inverter etc. under technical support of RENESAS under Solar gift scheme12M for a period of one year and he made purchase on 12.08.2013 and the date of redemption was 11.08.2014 and the total deposit was Rs. 20010/- as fixed deposit and thus the maturity amount was Rs.22500 to be paid to petitioner by O.P.s on 11.08.2014. The O.P.s got the certificate and after maturity when the petitioner went to the O.P.s then they neglected to pay the amount and thus compelling him to file this case on 23.12.2014.
The O.P.s were served with notice and appeared in the case and filed written version stating that the instant case is liable to be dismissed as the same is a speculative and harassing one and the petitioner is not a consumer under the Consumer Protection Act,1986 and the present dispute is not a consumer dispute and this Forum has no jurisdiction to entertain such complain. The O.P.s denied the case of the petitioner regarding his purchase of solar product on payment of Rs. 60000/- and so having no cause of action the case would be dismissed against NVD Solar Ltd. with cost. But the O.P.s later on did not contest and the petitioner filed written notes of argument and the case is heard finally against all the O.P.s whose argument is taken as heard.
On the above cases of the parties the following issues are frame :
- Is the case maintainable in the present form ?
- Whether the petitioner any cause of action to file the case ?
- Whether any deficiency in service on the part of the O.P.s ?
- Whether the petitioner is entitled to the reliefs as prayed for ?
Decision with reason
All this issues are taken up together for the shake of convenience and brevity of discussion and to skip of reiteration. In support of his case the petitioner filed affricative in chief as well as the deposit certificate and money receipt issued by the O.P.s viz NVD Solar Ltd. and others which proved the fact that the petitioner Narayan Ch. Maity deposited a sum of Rs. 20010/- in the year 2013/2014 and the certificate was issued on 12.08.2013 and the same got matured on 11.08.2014 but the O.P.s did not pay the matured sum compelling the petitioner to file this case. As regard contention of the O.P.s that this Forum has no jurisdiction in the instant case wherein the petitioner is a subscriber of chit fund and he was denied his matured sum, this Forum finds that that this Forum is constituted under the C.P. Act, 1986 and though it is not a Civil Court yet it has the trappings of a Civil Court and it is purely a quasy judicial body and this C.P. Act, 1986 is a benevolent legislation for protection of interest of the people at large in society and the provision of the Act must be given at liberal interpretation and consideration and thus this Forum is entitled to adjudicate the case to give chap and quick relief to the poor people in the society for whose benefit the consumer Forums are established in all the district of India as well as State Commission in all the state and National Commission in New Delhi. Our National Commission in the case of Narinder Kumar Vs. Sanjib Kumar in CCJ 2002 page 533 opined in the same tune as discussed by this Forum above .
In view of above discussion and findings the case of the petitioner succeeds .
Court fees paid is correct.
Hence,
Ordered,
That the Consumer Case No. 662/2014 be and the same is allowed on contest against the O.P. without cost as not prayed for .
The petitioner is entitled to the reliefs being the redemption amount of 22500/- with interest @ 9% till realization since 11.08.2014 and compensation of Rs. 10,000/- and the O.P.s being jointly and severally liable are directed to pay the above sum to the petitioner within 30 days from the date of this order failing the whole amount would carry interest as ordered earlier @ the rate of 9% till realization and the Petitioner would have the liberty to put order in execution after the expiry of the period of appeal .
Supply the copy of the order to the parties free of cost.
Dictated and corrected by me
( B. D. Nanda)
President, C.D.R.F. Howrah
