DATE OF FILING                    :     14.09.2016.

DATE OF S/R                            :      26.10.2016.

DATE OF  ORDER                  :      22.05.2017.

Snigdha Jana,

daughter of Sri Pravat Jana,

residing at 54/10, Andul Road, P.O. D.S. Lane,

P.S. Shibpur,

District Howrah. . ……………………………..…….…………… COMPLAINANT.

• Versus   -

1.         Rose Valley Hotels and Entertainment Ltd.,

            represented by its  Managing Director, and

            having its registered  office at Sector V,

Godrej Water Side, office no. 201 & 202 Tower 1, 2^nd floor,

Plot no. 5, Block DP, Salt Lake,

Kolkata 700091.

2.         The Branch Manager,

Rose Valley Hotels & Entertainments Ltd.,

situated at village & P.O. & P.s. Bagnan,

 District Howrah,

PIN 711303……………………………………………...OPPOSITE PARTIES.  

P    R    E     S    E    N     T

Hon’ble President  :   Shri  B. D.  Nanda,  M.A. ( double ), L.L.M., WBHJS.

Hon’ble Member : Shri A.K. Pathak.

Hon’ble Member      :      Smt. Banani Mohanta ( Ganguli ).

F  I   N   A    L       O   R   D    E     R

1.         This is an application U/S 12 of the C. P. Act, 1986 ( as amended up to date ) filed by the complainant/ petitioner, Snigdha Jana,  against the o.ps., Rose Valley Hotels & Entertainments, situated at Sector V, Godrej Water Side, office no. 201 & 202, Tower 1, 2^nd floor, plot no. 5, block DP, Salt lake, Kolkata 700091 with its branch office at village & P.O. & P.S. Bagnan, District Howrah, PIN 711303,  praying for a  direction upon the o.ps. to pay the matured sum and to pay compensation of Rs. 50,000/- for mental agony and physical harassment and to pay  Rs. 10,000/- as litigation costs.    

2. The case of the petitioner is that she invested money in six fixed deposit schemes of the o.ps. with a view to get benefit from the o.p. company. The o.p. assured that the company would return the invested amount when they require but since May, 2015 the o.ps. are not paying any single farthingtowards the investments and even after the maturity date. When the petitioner requested the o.ps. to pay the maturity benefit then the o.ps. informed them that due to unavoidable circumstances they are unable to pay and requested for time. The petitioners thought that the o.ps. started the business to deceive the investors and practicing unfair trade practice and so finding no other alternative they filed this case.

3. The o.ps. did not appear and contest the case, so the case is heard ex parte against all the o.ps.

4.         The only point to be decided here is whether the complainant is entitled to the reliefs as prayed for ?

                             DECISION  WITH   REASONS      :

5.         In support of her  case the petitioner filed affidavit in evidence for herself  and also filed the xerox copy of fixed deposit documents  showing the date of commencement of the fixed deposits and the dates of maturity. Thus in most of the cases the deposits by the petitioner have  attained maturity and in some cases the polices are yet to be matured. In view of the present situation it is noticed  that this cheat fund cheated the common man not paying their matured sum even if while starting the business they allured the petitioner that they would make payment to them on the date of maturity being the matured sum as mentioned in the certificate. This  Forum had gone through the documents filed by the petitioner. Be that as it may this Forum finds that the o.p. Rose Valley company collected money from the common man with assurance that they would return the same with benefits but now they deprived the petitioner from her  due sum even though she is  entitled to withdraw the same in most of the cases here and in some cases the petitioner is entitled to get back her  deposit actually made by her before the o.p.  The oral and documentary evidences adduced and produced by the petitioner went unchallenged and there is nothing to disbelieve the case of the petitioner which  proved the case of the petitioner ex parte as there is nothing found illegal.    

            In view of above discussion and findings this Forum finds that the petitioner is  entitled to get the reliefs as prayed for as she  successfully proved her case.

In the result, the application succeeds.  

            Court fee paid is correct.

      Hence,     

           O     R     D      E      R      E        D   

      That the C. C. Case No. 295 of 2016 ( HDF 295 of 2016 )  be  and the same is allowed ex parte  against the o.ps. with costs.  

      The petitioner is  entitled to the reliefs as prayed for.  The o.ps. are directed to pay the matured amount of the fixed deposits with interest @ 9% from the date of maturity till realization to the petitioner whose deposits are already matured and pay the actual deposited amount with interest to the petitioners where the deposits have not yet attained maturity as prayed for within 30 days from the date of this order.

      The o.p. is also directed to pay Rs. 20,000/- to the petitioner as compensation and another Rs. 30,000/- as costs out of which Rs. 5,000/- would go to the petitioners as litigation costs and the rest Rs. 25,000/- would be deposited in the Consumer Legal Aid Account of this Forum  also within 30 days from the date of this order.  

      The o.p. failing to comply the above final order of the Forum within the above stipulated period, the petitioner would be at liberty to put the final order in execution

      Supply the copies of the order to the petitioners, free of costs.

DICTATED  &    CORRECTED

BY   ME.   

  (    B. D.  Nanda   )                                              

  President,  C.D.R.F., Howrah.