J U D G E M E N T
The complainants’ case is regarding deficiency of services and unfair trade practices meted out to the complainant by the OPs. Complainant No. 1 invested her hard earned money amounting to Rs.3,30,000/- (Rs.90,000/- on 26/08/2011 as recurring deposit, Rs.90,000/- on 02/04/2010 as recurring deposit and Rs.1,50,000/- on 28/06/2011 as MIS) into the various schemes of the company of the OPs (details of which have been mentioned in Annexure of the petition by the complainant) with a hope that rest of her lives will be very smooth. Complainant No. 1 also stated that with regard to the MIS, OPs have paid the interest up to the month April, 2015 but from the month of May, 2015 OPs are not making payment for the said MIS. Also, Complainant No. 2 in such a manner, invested his hard earned money amounting to Rs.10,61,000/- (Rs.3,00,000/- on 24/11/2011 as MIS, Rs.20,000/- on 10/11/2009 as Fixed Deposit, Rs,30,000/- on 07/08/2010 as Fixed Deposit, Rs.20,000/- on 10/11/2009 as Fixed Deposit, Rs.5,000/- on 28/08/2014 as Fixed Deposit, Rs.5,000/- on 28/08/2014 as Fixed Deposit, Rs.3,60,000/- on 07/12/2011 as R.D., Rs.2,00,000/- on 07/12/2014 as M.I.S., Rs.50,000/- on 07/12/2014 as M.I.S., Rs. 50,000/- on 07/12/2014 as M.I.S., Rs.20,000/- on 15/07/2010 as Fixed Deposit and Rs.1,000/- on 28/05/2010 as Fixed Deposit) into the various schemes of the company of the OPs (details of which have been mentioned in Annexure of the petition by the complainant) with a hope that rest of his lives will be very smooth. Complainant No. 2 also stated that since the month of July, 2013 OPs are not paying any single penny to Complainant No. 2 towards maturity amount as well as with regard to the MIS.
Thereafter, complainants after July, 2013 contacted with the OPs for getting benefit for the aforesaid investments, in reply OPs told that due to some unavoidable circumstances they are unable to pay the maturity benefits as well as monthly installments but they will make payment very soon. Thereafter, complainants in the month of August, 2013, in the month of December, 2013 contacted with the OPs but they did same. As such, complainants being frustrated and disappointed rushed from pillar to post for getting the investment benefit or to withdraw their investment amount but all efforts were in vain and at present they have no income at all to lead the rest life. The complainants alleges severe harassment, mal-activities, financial negligence, agony and violation of human rights against the OPs. Thus, the complainant prays to this Commission (formerly Forum) for: -
- Compensation of Rs.50,000/- (fifty thousand) from the OPs for physical and mental harassment and financial negligence.
- Direction to the OPs to pay Rs.4,88,616.00 (Rs.4,67,616.00 for maturity amount + Rs.21,000/- for due MIS + interest) to Complainant No. 1 from the date of payment till the realization of such amount.
- Direction to the OPs to pay Rs.16,27,000/- (Rs.13,18,000/- for maturity amount + Rs.60,000/- for principal amount + interest) to Complainant No. 2 from the date of payment till realization of such amount.
- Other reliefs.
OPs were duly served with notice of this case but subsequently non taking of steps by the OPs, case has been proceeded ex-parte against OPs.
POINT FOR DECISION
Are the complainants entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
To prove their case complainant have tendered their written evidence supported by affidavit and BNA and they have also filed photocopies of all relevant documents in support of their case.
We have gone through the said evidence of the complainants and the documents filed by them.
It appears that in their evidence, the complainant has fully corroborated their case of the petition of the complaint and the documents filed by them also lend support to the case of the complainants. So, in view of the said evidence of the complainant and the documents filed by him, remaining un-challenged, it is held that the complainant’s case is proved and they are entitled to get the reliefs as sought for.
Hence, it is,
O R D E R E D
That the instant case being No. 20 of 2018 is allowed ex-parte with costs against all the OPs.
OPs are directed to pay Rs.4,88,616.00 (Rs.4,67,616.00 for maturity amount + Rs.21,000/- for due MIS + interest) to Complainant No. 1 from the date of payment till the realization of such amount.
OPs are further directed to pay Rs.16,27,000/- (Rs.13,18,000/- for maturity amount + Rs.60,000/- for principal amount + interest) to Complainant No. 2 from the date of payment till realization of such amount.
OPs are also categorically directed to pay Rs.35,000/- as compensation for mental harassment and financial negligence and to pay Rs.7,000/- as litigation costs to the complainants.
All such payments shall be made within 45(forty five) days from the date of this order.
Let a free copy of this order be given to the parties free of cost.
Dictated & Corrected by me
(Mr. Sankar Kumar Ghosh)
President, DCDRC, Howrah
