DATE OF FILING                    :     09-07-2014.

DATE OF S/R                            :      12-09-2014.

DATE OF FINAL ORDER       :      15-12-2014.  

1. Sanat Kumar Guchait,

son of late Balaram  Guchait,  

residing at village & P.O. Amta,

District – Howrah,

PIN 711308

1. SuvankarGuchait,

   son of Sri Sanat Kumar Guchait,

   residing at village & P.O. Amta,

   District Howrah,

   PIN 711308.

1. Smt. Monju Singh,

   wife of late Hara Singh,

   residing at village & P.O. Pahalnpur, P.S. Madhabdihi,

   District Burdwan.………………………………………COMPLAINANTS.

• Versus -

   

  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, having its office at

  49, Kailash Bose Lane, P.S. Shibpur,

  P.S. Shibpur, District Howrah,

  PIN 711101…………………………………………………………...OPPOSITE PARTY.

   

   

                                                  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, three 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. 2,88,600/-, to pay Rs. 2,00,000/- 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 of monthly interest scheme, recurring deposits and fixed deposit scheme of o.p. The o.p.issued certificates vide Annexuresin favour of the complainants which areas follows :

        Shri Sanat Kumar Guchait  Recurring deposit A/c no. 621855,

                                                     Monthly Interest Scheme A/c no. 639888, 801007.

        Shri  Suvankar  Guchait  Recurring Deposit A/c no. 709227,

        Smt. Monju Singh Fixed  Deposit A/c no. 801006.                                                      

3. O.P.promised to pay the monthly interest on the due dates to the complainant sand upto June, 2013 they paid the same regularly. Complainants went to the o.p.’s office since July,2013 and lastly on  27-12-2013  and 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 aretaken 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 money in different schemes viz. M.I.S, Monthly Recurring Deposit, Fixed Deposit issued by the o.ps. company. It is a fact that o.ps. have failed to pay the monthly interest since July, 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 its 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 are, 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 inservice 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. 383  of 2014 ( HDF 383  of 2014 )  be  allowed ex parte  with  costs  against  the O.P.     

      That the  O.P.  is  directed   to pay the principal amount of  different investments of different complainants along with upto date monthly due interest  in case of monthly interest scheme in terms of the certificates  in question  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.