Judgment : Dt.28.11.2017
Shri S. K. Verma, President.
This is a complaint made by one Bijoy Kumar Saha, S/O Chittaranjan Saha, Puruscharan Math, Fashitala Chara (south), Nabadwip, Nadia-741 302 against Pailan Group, Corporate office – ‘Express Tower’ 1st floor, 42A, Shakespeare Sarani, Kolkata0-700 017, Head Office-127, Kankulia Road, P.S.-Taratala, Kolkata-700 029, Reg. Office : Shop No.27, B Complex, Near Goal Market, Gandi Nagar-180 004, J & K, India, OP No.1 and Director and Administrative Head of ‘Express Tower’ 1st floor, 42A, Shakespeare Sarani, Kolkata-700 017, Head Office-127, Kankulia Road, P.S.-Taratala, Kolkata-700 029, OP No.2, praying for refund of all amount with late fine of 18% p.a. and for compensation and litigation cost.
Facts in brief are that Complainant is a poor businessman and honest citizen of India. OP is a company incorporated under the Companies Act, 1956. On 26.3.2013 Complainant, Bijoy Kr. Saha, agreed to sign a document for purchasing some debentures of Pailan Group with Policy No.PG01515103-13 under Branch Nabadip for 36 months maturity and Complainant deposited Rs.24,000/- which was to mature as Rs.48,000/-. On 29.6.2013 Complainant purchased some debentures whose maturity date was 28.6.2016 and amount was Rs.24,750/-. After that Complainant also purchased many debentures on several dates with maturity of redemption date is in 2018, 2027 and 2028. Complainant did not receive any amount. Complainant is trying to collect the money from the office of OPs. Complainant does not believe the OPs. After trying for one month, the Complainant filed this case.
OP No.1 did not contest the case by filing written version and so the case is heard ex-parte against them.
Decision with reasons
Complainant filed affidavit-in-chief.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
On perusal of the prayer portion, it appears that the Complainant has prayed for refund of all amount. But, he has not mentioned the specific amount. Further, he has prayed for interest @ 18% and compensation and litigation cost.
On perusal of the complaint petition, it appears that Complainant purchased several debentures from the OPs which were to mature on 2018, 2027 and 2028. Specific number and amount of debentures have not been mentioned. Some copies of debentures have been filed which reveal that one was to mature on 25.3.2014 and other was to mature on 25.3.2028. Yet another is to mature on 28.5.2027. Again the other was to mature in 2012.
So, it appears that the allegations mentioned in the complaint petition are vague and ambiguous. This makes it clear that Complainant did not approach this Forum with clean hands.
Hence,
ordered
CC/246/2017 and the same is dismissed ex-parte.
