DATE OF FILING : 27-06-2014.
DATE OF S/R : 30-07-2014.
DATE OF FINAL ORDER : 27-05-2015.
Moumita Chakraborty,
SaikatChakraborty,
Paltu Chakraborty,
Sudipta Dey,
Saraswaty Biswas,
Mukti Dolui,
Sumitra Hazra,
Basanti Singh,
Afsana Begum,
Simanta Hazra,
Village & P.O. Tulsiberia, P.S. Uluberai,
District Howrah,
PIN 711401.. ……………………………………………… COMPLAINANTS.
Versus-
1. Head Office
Ravikiran Reality India Ltd.,
( M.D. Mr. Koushik Chatterjee),
18/30, Dover Lane, 2nd floor, P.S. Gariahat,
Kolkata 29.
2. Bagnan Branch Office
Ravikiran Reality India Ltd.
Village B.S.K. Road ( Librarymore ), P.O. & P.S. Bagnan,
District Howrah,
PIN 711303.
3. Rhythm
( Associate of R.R.I. Ltd. )
Developer & Agents ( Mr. Prafulla Kumar Haite ),
Village Paikhala ( More ), P.O. Juyargori, P.S. Uluberia,
District Howrah,
Pin 711303. …..…………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri Bhim Das Nanda.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri Subrata Sarker.
F I N A L O R D E R
- Complainants, ten in numbers,by filing apetition 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.ps. to pay them the entire deposited amounts for purchasing household products amounting to Rs.58,004/-, to pay an amount of Rs. 15,000/- in total as compensation for causing mental agony and harassment and litigation costs of Rs.2,000/- along with other orders as the Forum may deem fit and proper.
- Brief fact of the case is that complainants deposited different amounts on different dates for purchasing household goods for which o.ps. issued certificate as well as money receipts in favour of the complainants vide Annexures collectively. Their certificate nos. are as follows :
NAME POLICY DEPOSITED MATURITY
Moumita Chakraborty B.G.N. 3573 Rs. 1,600/-. Rs. 1,664/-.
Saikat Chakraborty B.G.N. 7064 Rs. 3,500/-.
Paltu Chakraborty B.G.N. 6493 Rs. 6,000/-. Rs. 6,700/-.
Sudipta Dey B.G.N. 6492 Rs. 12,000/-. Rs. 13,400/-.
Saraswaty Biswas B.G.N. 7083 Rs. 3,000/-.
Mukti Dolui B.G.N. 6412 Rs. 6,000/-. Rs. 6,700/-
Sumitra Hazra B.G.N. 6412 Rs. 3,600/-. Rs. 4,020/-.
Basanti Singh B.G.N. 6694 Rs. 2,400/-. Rs. 2,680/-.
Afsana Begum B.G.N. 5492 Rs. 7,200/-. Rs. 8,040/-.
Simanta Hazra B.G.N. 6494 Rs. 7,200/-. Rs. 8.040/-.
3. O.Ps. promised to deliver the household products on the date of maturity. But even after making full payment of all installments by the complainants, o.ps. refused to deliver the products rather assured them to pay the entire amount with interest. Subsequently they received the certificates as well as money receipts in original along with the voter I/D of the complainants and issued them settlement slips mentioning the total receivable by the different complainants. But it is alleged by the complainants that o.ps. have not paid the maturity amount to the complainants even after the expiry of the due dates without any valid reason. Complainants repeatedly went to the office of o.ps. and issued settlement slips for many times but on different pleas they have returned the complainants without giving their maturity amount. So, finding no other alternative, complainants filed this instant petition praying for the aforesaid relief.
4. Notices were served. The o.ps. appeared and filed written version Accordingly, case was heard on contest against o.ps.
- Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainants are entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the written version filed by o.ps. and noted their contents. It is the specific plea taken by the o.ps. that they have settled all the claim of the complainants of this petition vide the letter of settlement through their agents. Accordingly the complainants are not all entitled to any amount, whatsoever, and the instant case is not maintainable against the o.ps. Here we take a pause. It is a fact that complainants invested in the o.ps. company and o.ps. have neither delivered the products in question nor paid the maturity amount to the complainants which is nothing but gross negligence on the part of the o.ps. Now they are taking a plea that they have settled the problem through their agents. Here we are to keep in mind that agents always act on behalf of the principal and for every act of the agent principal is vicariously liable. Moreover, in the ‘Acknowledgement / Recon Sheet’ no signature of any agent of o.ps.’ is appearing. It is not at all a luxury of a common person to file a case without any ground and to make rounds around a court. So definitely it is quite well understood that complainants have not received any amount which they entitled to. O.ps. have miserably failed to keep 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, complainant made those investments foreseeing their future needs with respect to the household products. 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. O.ps. have 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 complainants should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 353 of 2014 ( HDF 353 of 2014 ) be allowed on contest with costs against the O.Ps. with costs.
That the O.Ps. are directed jointly and severally to pay the maturity amount as well as principal amounts of all investments made by the complainants of this instant petition with respect to Recurring deposits in question within one month from this order i.d., 9% p.a. interest shall be charged till actual payment.
The complainants do get an award Rs. 10,000/- as compensation and Rs. 3,000/- as litigation cost and o.ps. are directed to pay the same within one month from this order i.d. amount shall carry an interest @ 9% p.a. till actual payment.
The complainants are 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.
