DATE OF FILING : 13-05-2015.
DATE OF S/R : 19-06-2015.
DATE OF FINAL ORDER : 01-10-2015.
Braja Ballav Gope,
son of late Loknath Gope,
residing at Chackashi Govt. Colony No. 1 P.O. Chackasi,
P.S. Bauria, District Howrah,
PIN 711307…………………………………………………................. COMPLAINANT.
Ramel Industrial Ltd.,
having its registered office at
15, Krishnagar Road, Barasat,
Kolkata 700124 and
its Uluberia Branch Office at
Bazarpara, Pan Aarat, P.S. Uluberia,
District Howrah,
PIN 711316…………………………………………………………OPPOSITE PARTY.
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
- Complainant, namely Braja Ballav Gope, by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. to pay the maturity value of Rs. 1,21,000/-, to pay Rs. 50,000/- as compensation and Rs. 10,000/- as litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
- Brief facts of the case is that complainant purchased 100 nos. of Optionally Fully Convertible Debentures hereinafter called OFCD from the o.p. on payment of Rs. 1,00,000/- on 31.7.2012 for a period of 18 months. The o.p. issued a certificate being no. 312391 dated 31.8.2012 in favour of the complainant vide Annexure. After completion of maturity period on 31.01.2014, the complainant visited the office of the o.p to get his maturity benefit of Rs. 1,21,000/- but the officials of the o.p. company told that due to some technical fault they were unable to process his maturity value. Subsequently for several times complainant visited the office of the o.p. company and requested them for his maturity value but the men of the o.p. did not pay any heed. After that complainant sent advocate’s letter dated 13.08.2014 through registered post with A/D to the Uluberia Branch Office as well as head office of the company but they did not take any step. Being frustrated and finding no other alternative complainant filed this instant case with the aforesaid prayers.
3. Notices were served. O.ps. neither appeared nor filed any written version.
Accordingly, the case was heard ex parte against the o.ps.
- Two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is 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 complaint petition along with annexures filed by the complainant and noted its contents. Complainant invested Rs. 1,00,000/- in total in the o.ps. company. It is a fact that o.ps. have failed to pay the maturity amount being Rs. 1,21,000/- after completion of maturity period 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.ps. have miserably failed to keep his promise which they made on the face of the certificate 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.ps.’ severe negligence, complainant is, thereby, truly prejudiced which can be very well understood by a man of common prudence. Moreover, the o.ps. have 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.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 complainant should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 126 of 2014 ( HDF 126 of 2014 ) be allowed ex parte with costs against the O.P.
That the O.P. is directed to pay the maturity amount of Rs. 1,21,000/- within one month from this order.
The complainant do get an award of Rs. 5,000/- as compensation and Rs. 3,000/- as litigation cost. The o.p. is directed to pay the entire amount of Rs. 1,29,000/- within one month from the date of this order i.d., the entire amount shall carry an interest @ 9% p.a. till realization.
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.
