BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 80 of 2017 Date of Institution : 10.4.2017
Date of Decision : 29.10.2018.
Prem Kumar, aged about 52 years son of Shri Jodha Ram, resident of village Asakhera Dhani, Tehsil Dabwali, District Sirsa.
……Complainant.
Versus.
1. PRISM INFRACON Limited, 124, Karaya Road, Kolkata-700017 OR office at ECO Space Business Park, Plot-II/F/11, Block-4A, 5th Floor, New Town, Rajarhat, Kolkata-7000156 (W.B.) through its Managing Director.
2. PRISM ORGANIC GREENS LTD., Regd. Office. No.196-197, Roura Sector, Bilaspur, Himachal Pradesh Pin- 174001 through its Director/ Authorized signatory.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SH. ISSAM SINGH SAGWAL ……… MEMBER.
Present: Sh. A.K.Siroha, Advocate for the complainant.
Opposite party no.1 exparte.
Opposite party no.2 given up.
ORDER
The case of the complainant in brief is that complainant is resident of village Asakhera Dhani, Tehsil Dabwali, District Sirsa and is an agriculturist. That above said company Prism Infracon Limited is registered with Government of India Corporate Office Ministry, New Delhi. The above said company used to get invest money of the investors after issuing secured debentures and as such the complainant under the allurement of the above said company also invested an amount of Rs.6,00,000/- on 30.9.2014 from his account No.11592021467 maintained with S.B.I. Bank branch Chotala, District Sirsa through cheque No.045158 dated 30.9.2014 with the company for a period of 15 months for which the above said company issued debenture bond No.POGL-0001533 to the complainant in which there were total 6000 debentures and each debenture was of Rs.100/- and the maturity value of the same becomes Rs.6,90,000/- after 15 months and same was matured on 31.12.2015. It is further averred that upon maturity of the amount deposited by the complainant, the complainant as per the directions of the officers/ officials of the above said company sent the original bond and other required documents to the Head Office of the company at Calcutta through courier and thereafter the complainant confirmed about the deposit of his bond and other documents with the company. That when the complainant demanded his maturity amount of the bond then the officials of the opposite parties’ company stated that they will send his maturity amount very soon but inspite of contacts time and again, the officers/ ops did not give any satisfactory reply and were postponing the matter on one pretext or the other. It is further averred that complainant invested the above said amount with the ops after doing hard work and they were liable to pay the maturity value but by not paying the maturity value the ops have caused deficiency in service and have caused financial and mental harassment. That the complainant invested his money for performing marriage of his daughter but the above said company did not pay the amount of complainant after the maturity as such the complainant had to perform the marriage of his daughter in October, 2016 after taking debt on interest basis. That the complainant is entitled to refund of the maturity value of Rs.6,90,000/- from 30.12.2015 alongwith interest on account of delay caused by the ops and is also entitled to compensation of Rs.1,00,000/- for mental harassment. It is further averred that since the complainant got deposited the above said amount from his bank account of S.B.I. branch Chotala, District Sirsa through cheque No.045158 dated 30.9.2014 in the account of company maintained with H.D.F.C. Bank Dabwali, therefore this Forum has jurisdiction. Hence, this complaint.
2. Notice issued to opposite party no.1 through registered cover received back with the report of refusal and as such opposite party no.1 was proceeded against exparte. Opposite party no.2 was given up by learned counsel for complainant.
3. The complainant produced his affidavit Ex.CW1/A, copy of debentures Ex.C1, copy of deposit slip Ex.C2, copy of acknowledgment Ex.C3 and copy of aadhar card Ex.C4.
4. We have heard learned counsel for complainant and have perused the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has reiterated all the averments made in his complaint. He has also proved on record copy of debenture bond Ex.C1, copy of deposit slip Ex.C2, copy of acknowledgment Ex.C3 and copy of aadhar card Ex.C4. Since, the opposite party no.1 did not put its appearance, so the pleadings as well as evidence led by the complainant goes unchallenged and unrebutted. It is proved fact on record that complainant had invested a sum of Rs.6,00,000/- with op by issuing a cheque from his account after the assurance of the opposite party that maturity value of Rs.6,90,000/- shall be paid to the complainant after 15 months of the deposit but however the op has failed to refund the maturity amount to the complainant after maturity period.
6. In view of the above, we allow the present complaint qua opposite party no.1 and direct the opposite party no.1 to make payment of maturity value of Rs.6,90,000/- to the complainant within a period of 45 days from the date of receipt of copy of this order, failing which the op no.1 will be liable to pay interest @7% per annum on the above said amount from the date of order till actual realization. We also direct the op no.1 to further pay a sum of Rs.15,000/- as composite compensation and litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:29.10.2018. Member District Consumer Disputes
Redressal Forum, Sirsa.
