DATE OF FILING : 09-09-2013. DATE OF S/R : 22-10-2013. DATE OF FINAL ORDER : 25-04-2014. Sri Rajendra Nath Das, son of late Dular Chandra Das, residing at 11/1/1, Circular 6th Bye Lane, P.O. Santragachi, P.S. Shibpur, District – Howrah, PIN – 711104. ------------------------------------------------------------------- COMPLAINANT. - Versus - 1. Ravinder Kumar, Managing Director of Jindal Tower Co. situated at H No. H-5, Jagabai, Okhala, New Delhi ( South ), PIN – 110025. 2. Kashyap Singh, residing at H.No.. H-6, Jagabai, Okhala, New Delhi ( South ), PIN – 110014. 3. Branch Manager, State Bank of India, Kalibabur Bazar Branch, situated at 253/9, N.S. Road, Howrah – 711101.------------------------------------------------OPPOSITE PARTIES. 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. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.ps. to refund the sum of Rs. 1,24,700/- together with interest and to pay compensation of Rs. 3 lakhs and litigation costs of Rs. 20,000/- as the o.ps. fraudulently extracted the sum of Rs. 1,24,700/- with the assurance to install 3G Mobile Tower in exchange of profitable earning. 2. Notices were properly served upon the o.ps. But they did not care to appear, nor did they file any written version. So the matter was heard ex parte. 3. Two two points arose for determination : i) Is there any deficiency in service on the part of the O.Ps. ? ii) Whether the complainant is entitled to get any relief as prayed for ? DECISION WITH REASONS : 4. Both the points are taken up together for consideration. This is a case where the complainant was duped by uniquely laid trapped of monetary gain. Pursuant to the advertisement ( Annexure P/1) published in a leading journal inviting interested persons to install 3G Mobile Tower at his roof in exchange of Rs. 72,000/- as rental per month, the complainant was the person to be entrapped easily. The o.ps. who have extended identical traps through paper advertisement with much dexterity directed the complainant stage by stage to open a current account. Accordingly he went on depositing the sums as mentioned above stage by stage as per telephonic direction of the o.ps. since 10-08-2013. 5. We are surprised to note that the simple citizen are the easy target and the o.ps. started extracting money with an unique modus operandi. We know not if how many simple minded persons are the prey of the o.ps. or identical organization campaigning for huge monetary gain. 6. Be that as it may the enclosures reveal a sordid affair and we have no hesitation in mind that the conduct of the o.p. must be dealt with sternly and with heavy hands. There cannot be any better instance of unfair trade practice then the case at hand. We are, therefore, of the view that the prayer of the complainant shall be allowed in toto to set an exemplary punishment. Both the points are accordingly disposed of. Hence, O R D E R E D That the C. C. Case No. 313 of 2013 ( HDF 313 of 2013 ) be and the same is allowed ex parte as against the o.ps. with costs. The O.Ps. be directed to refund the sum of Rs. 1,24,700/- together with interest @ 12% p.a. since 19-08-2013 till full satisfaction within 30 days from the date of this order failing the amount shall carry interest @ 18% p.a. till full satisfaction. The o.ps. do pay a sum of Rs. 3,00,000/- to the complainant for causing mental pain, prolonged harassment and cheating. The complainant is also entitled to a litigation cost of Rs. 10,000/-. 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. ( T.K. Bhattacharya ) President, C.D.R.F.,Howrah. |