DATE OF FILING                    :     16.12.2014.

DATE OF S/R                            :      05.06.2015.

DATE OF FINAL ORDER      :     11.08.2015.  

Sri Debnath Das,

son of Sri Nitai Chandra Das,  

residing at 59, Banerjee Bagan Lane, Salkia,

District Howrah.. ….………………………………………………….. COMPLAINANT.

• Versus   -

RAATDIN Projects India Ltd.,

having its registered office at

60, Lenin Sarani, 1^st floor,

Kolkata 7000 13,

being represented by its

Director,

Sudipta Sarkhel,

son of Swapan Kumar Sarkhel,

residing at Purbachal Housing Co operative Society, Baguihati,

Kolkata 700059, branch office at 62A, Kantapukur Lane, P.O. Kadamtala,

District Howrah,

PIN 711101. ………..………………………………………………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

1. The complainant namely, Sri Debnath Das, by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended upto date ) has prayed for a direction to be given upon the O.Ps. to  pay Rs. 1,02,000/- with interest till realization of the aforesaid amount,  to pay compensation of Rs. 30,000/- in total for causing mental and physical harassment, to pay Rs. 5,000/- as litigation costs and other relief or reliefs as the Forum may deem fit and proper.  

2. The brief facts of the case is that the complainant deposited in MIS Scheme issued by the o.p. The certificate nos.  of  M.I.S. are given below :  

MIS Certificate nos. 00001038, 00001095.

Brief facts  of the case is that complainant purchased MIS Certificates from the o.p. company. O.P.  promised to pay the monthly interest but they did not pay the interest regularly. Complainant repeatedly went to the office of o.p. but on different pleas they have returned the complainant after receiving the original certificates  after 05.06.2015 and 31.07.2015 without giving his maturity  amount with due monthly  interest.  It is further stated by the complainant that due to this non action and gross negligence on the part of the o.p., complainant has been compelled to face tremendous problem due to scarcity of money with which  he was supposed to meet his day to day expenditure, medical expenditure, children’s education etc. which are really at stake. So, finding no other alternative, complainant  filed this instant petition praying for the aforesaid relief. 

1. Notices were served. They   did not appear and   file  written version. Accordingly, case was heard ex parte against the o.p. 

2. Two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

2. Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

3. Both the points are  taken up together for consideration. We have carefully gone through the complaint petition along with annexures filed by the complainant and noted its contents. Complainant invested Rs. 60,000/- in total in MIS Scheme under  the o.p. company. It is a fact that o.p. has failed to pay the monthly interest since August, 2013 for which complainant 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 his  promise which they made on the face of the certificates issued by them in favour of   complainant. For their gross negligence in discharging duties, complainant had to  suffer a lot for the crying need of money. Sacrificing many present enjoyments involving monetary expenditure, complainant made those investments foreseeing their future needs. If that criteria is not fulfilled due to o.p.’  severe negligence, complainant is, 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 complainant.  O.p. has  miserably failed   to keep promise which certainly amounts to deficiency in  service 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 complainant  should be allowed. Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 638  of 2014 ( HDF 638  of 2014 )  be  allowed ex parte  with  costs  against  the O.P.     

      That the  O.P.  is  directed   to pay the principal amount of  Rs. 60,000/- along with  monthly due interest  in terms of the certificates in question since August, 2013 till the respective maturity dates   within one month from this order  i.d., @ 9% p.a. interest shall be charged on the entire decreetal amount till actual payment.

     The complainant do get an award of Rs. 5,000/- as compensation and Rs. 2,000/- 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.