DATE OF FILING : 30.09.2015.
DATE OF S/R : 09.12.2015.
DATE OF FINAL ORDER : 23.06.2016.
Sri Sukanta Mal,
son of Dudh Kumar Mal,
village Amtala, P.O. Sundarpur, P.S. Uluberia,
District Howrah,
PIN 711316.………………………………………………………… COMPLAINANT.
1. NVD Solar Limited,
21/1, Karnani Estate,
209, A.J.C. Bose Road,
Kolkata 700017.
2. The Director,
NVD Solar Limited,
Mr. Subrata Mondal,
20/1, Hriday Krishna Banerjee Lane, Bantra Sadar,
Howrah – 711101. And also
Mr. Dipsekhar Mukherujee,
4/1B, Kundu Lane, Bhowanipur,
Kolkata 700025.
3. The Managing Director,
NVD Solar Limited,
Mr. Saibal Hazra,
49, Kailash Bose Lane, Howrah Sadar,
Howrah 711101. And also
120/1, Ramkrishnapur Lane, Shibpur Sadar, 3rd floor,
Howrah 711102.
4. The Chairman,
NVD Solar Limited,
Mr. Arun Kr. Chakraborty,
15/1, Ambika Ghosh Lane, Shibpur Sadar,
Howrah 711102.
5. The Regional Manager,
village & P.O. Jagadishpur, P.S. Uluberia, Kalinagar,
District Howrah,
PIN 711316. ………………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Sukanta Mal, against the o.p., NVD Solar Ltd., and four others, praying for direction upon the o.ps. to pay the M.I.S. amount i.e., 375/- from August, 2012 till today and also to pay Rs. 27,500/- being the redemption amount with interest till realization and to pay compensation of Rs. 50,000/- and cost of filing the case.
- The case of the petitioner is that he purchased solar energy products from o.p. no. 1 under Solar Power Scheme for a period of 60 months depositing a sum of Rs. 25,000/- and the policy was accepted on 30.07.2012 and to redeem on 30.07.2017 and the o.p. no. 1 issued certificate as well as money receipt against such purchase in terms of payment of Rs. 375/- as M.I.S. amount per month and the total redemption amount was Rs. 27,500/- after maturity of the scheme. The o.ps. never paid the M.I.S. amount of Rs. 375/- per month even though received the consideration amount of Rs. 25,000/-. The petitioner requested the o.ps. to pay the MIS amount but they harassed the petitioner both mentally and physically and so the petitioner filed this case praying for payment of the MIS amount as well as the redemption amount.
- The o.p. no. 5 contested the case by filing a written version denying the allegations made against him and submitted that the o.ps. paid the amount of Rs. 375/- per month from the beginning after receiving the total consideration of Rs. 25,000/-. Actually the o.p. no. 5 was a commission agent and he was not liable to return the money and he prayed for deleting his name from the case which be dismissed against him as he acted as per order of his masters namely the M.D., Chairman and others.
- The o.p. nos. 1 to 4 did not appear in the case and so they filed no written version. Thus the case is heard ex parte against them.
- Upon pleadings of parties the following points arose for determination :
- Is the case maintainable in its present form ?
- Whether the petitioner has any cause of action to file the case ?
- Whether there is any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- All the issues are taken up together for the sake of convenience and brevity for discussion and to skip off reiteration. In support of his case, the petitioner filed affidavit as well as documents in the form of certificate of Solar Power Scheme and others showing the petitioner depositing Rs. 25,000/- as consideration amount on 30.07.2012 and the date of redemption was 30.07.2017. It is further noted therein that the quantum of monthly credit value was Rs. 375/- and the quantum of credit value is Rs. 27,500/-. From the affidavit in evidence as well as the documents filed by the petitioner it is proved that he deposited a sum of Rs. 25,000/- with the o.p. company and as per terms and conditions of the company they issued a certificate which is treated as money receipt against the purchase of solar product as advance payment made by him. As the o.ps. did not pay the quantum of monthly credit value of Rs. 375/- per month so the petitioner filed this case when his prayer for paying the quantum of monthly credit value of Rs. 375/- was not given to him against policy no. 823293 – 400 / 4592.
- As regards payment made by o.p. no. 5 to the petitioner as stated by the counsel for the o.p. no. 5 this Forum finds no such evidence that payment was made to the petitioner and also his client was simple agent. On the other hand the documents issued by o.p. being the certificate showing which the consideration amount was taken which is proved before the Forum clearly. The o.p. neither paid the quantum of monthly credit value nor the anything else in lieu of the same. Thus, the petitioner succeeded in proving the case.
In result, the application succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 341 of 2015 ( HDF 341 of 2015 ) be and the same is allowed on contest with costs against the O.P. no. 5 and ex parte against the rest with costs.
The petitioner is entitled to the relief as prayed for. The o.ps. are directed to pay the redemption amount of Rs. 27,500/- to the petitioner within 30 days from this date after proper calculations of interest till date of payment and deduction of amount already paid and to pay the quantum of monthly credit value of Rs. 375/- per month from 30.07.2012 till date of payment or if the petitioner agrees then by 30.07.2017 but the payment be made within 30 days from this date if no agreement reached between the parties.
The petitioner is also entitled to Rs. 10,000/- as compensation and Rs. 5,000/- as litigation costs which be paid also by 30 days from this date by o.ps. to the petitioner failing the whole amount would carry interest after stipulated period @ 9% p.a.
The complainant is at liberty to put the order into execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
