West Bengal

Howrah

CC/211/2019

SANATAN KUNDU, - Complainant(s)

Versus

Rose Valley Hotels & Entertainments Ltd., - Opp.Party(s)

Amit Pachal

20 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, P.O. and P.S. Howrah, Dist. Howrah-711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Complaint Case No. CC/211/2019
( Date of Filing : 17 Jul 2019 )
 
1. SANATAN KUNDU,
son of late Joyram Kundu, Village Bataspur, P.O. Baidyapur Shibtala, P.s. Madhabdihi, Dist Burdwan 712410
...........Complainant(s)
Versus
1. Rose Valley Hotels & Entertainments Ltd.,
Represented by managing Director and having their registered office at Sector V, Godrej Water Side, Office no. 201 and 202 Tower-1, 2nd floor, plot No. 5 Block DP, Salt Lake, Kolkata 700 091
2. Rose Valley Hotels & Entertainments Ltd.,
Village and P.O. and P.S. Joypur, District Howrah.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sankar Kumar Ghosh PRESIDENT
 HON'BLE MRS. Smt. Babita Chaudhuri MEMBER
 HON'BLE MR. Subir Kumar Dass MEMBER
 
PRESENT:
 
Dated : 20 Apr 2023
Final Order / Judgement

J U D G E M E N T

Subir Kumar Dass, Member – This consumer complaint under section 12 of C.P. Act.,1986 has been filed by the complainant Sanatan Kundu alleging deficiency in service on the part of O.ps. above named.

          Complainant’s case, in brief, is as follows :-

        The complainant invested a huge amount in fixed deposit scheme with the O.ps. company on and from 23/03/2010 till 30/06/2015, the total amount of such investment being Rs.3,48,000/-. After such investment, O.ps. duly issued acknowledgement. O.ps. are also not paying anything against the investment by the complainant in the fixed deposit scheme with the O.ps. even after completion of maturity period, complainant repeatedly requested the O.ps. to make payments but the O.ps. did not pay the same. Hence, the complainant filed instant complaint praying for directing the O.ps. to pay to the complainant a sum of Rs.4,28,100/- towards maturity amount of investment in FDS and for compensation and litigation cost.  

O.ps. did not appeared in this case and did not file w.v. to contest this case. Hence the ex-parte hearing.

Point for decision

Is the complainant entitled to get the reliefs as prayed for?

Decision with reasons

We have applied our mind and carefully gone through the oral submission and materials on record.

To prove his case, the complainant has tendered his petition of complaint supported by affidavit in evidence and he has also filed all relevant copies of documents in support of his case.

Since notice was duly served upon the O.ps. and it did not participate in the proceeding at their sweet will, the principle of natural justice has found to have been duly maintained in this case.

        We have gone through the evidence of the complainant supported by affidavit and the documents filed by him.

The said evidence of the complainant both oral and documentary, remained un-challenged. It is, therefore, held that the complaint’s case is proved and he is entitled to get the reliefs as prayed for. Hence,

it is,

O r d e r e d

that the complaint case no.211/2019 is allowed ex-parte against both the O.ps. with cost.

O.ps. are jointly and severally directed to pay Rs.4,28,100/- to the complainant towards maturity amount of FDS. O.ps. are further directed to pay Rs.10,000/- as compensation and Rs.2,000/- as litigation cost to the complainant.

All such payment shall be made by the O.ps. to the complainant within 2(two) months from the date of this order.

        Let plain copy of this order be given to the complainant free of cost.

Dictated & Corrected by me

 

 (Mr. Subir Kumar Dass)

Member, D.C.D.R.C., Howrah

 
 
[HON'BLE MR. Sankar Kumar Ghosh]
PRESIDENT
 
 
[HON'BLE MRS. Smt. Babita Chaudhuri]
MEMBER
 
 
[HON'BLE MR. Subir Kumar Dass]
MEMBER
 

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