DATE OF FILING : 15.09.2016.
DATE OF S/R : 04.11.2016.
DATE OF ORDER : 22.05.2017.
Santana Jana nee Mishra,
wife of Sri Animesh Mishra,
residing at Andul Road, P.O. D.S. Lane,
P.S. Shibpur,
District Howrah……. ..………………………….…………… COMPLAINANT.
1. Rose Valley Hotels & Entertainment Ltd.
being represented by their Managing Director and
having its registered office at Sector V,
Godrej Water Side, office no. 201 & 202 Tower 1, 2nd floor,
Plot no. 5, Block DP, Salt Lake,
Kolkata 700091.
2. The Branch Manager,
Rose Valley Hotels & Entertainments Ltd.,
situated at 2, Belilious Road,
District Howrah,
PIN 711101. ……………………….…………………...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.
F I N A L O R D E R
- This is an application U/S 12 of the C. P. Act, 1986 ( as amended up to date ) filed by the complainant / petitioner, Santana Jana nee Mishra, against the o.ps., Rose Valley Group of companies, situated at Sector V, Godrej Water Side, office no. 201 & 202, Tower 1, 2nd floor, plot no. 5, Block DP, Salt Lake, Kolkata 700091 and another, praying for a direction upon the o.ps. to pay Rs. 5,05,000/- to the petitioner with normal interest till realization, and to pay compensation of Rs. 50,000/- for mental and physical harassment and to pay Rs. 10,000/- as litigation costs.
- The case of the petitioners is that the petitioner / complainant invested in six fixed deposit schemes amounting to Rs. 5,000/-, Rs. 2,00,000/-, Rs. 1,00,000/-, Rs. 29,000/-, Rs. 20,000/- & Rs. 1,00,000/- respectively of the o.p. company with a view to get benefit but since May, 2015 the o.ps. are not paying any single farthing towards the investment and not even after the maturity date. When the petitioner requested the o.p. to pay the maturity benefit then the o.p. informed her that due to unavoidable circumstances they are unable to pay and requested for time. The petitioner thought that the o.ps. started the business to deceive the investors and practicing unfair trade practice and so finding no other alternative she filed this case.
- The o.ps. though served with notices yet they refused to accept the same and also did not appear personally for contesting the case which is heard ex parte against the o.ps.
- The only point to be decided here is whether the complainant is entitled to the reliefs as prayed for ?
DECISION WITH REASONS :
- In support of her case the petitioner filed affidavit in evidence as well as his six fixed deposit certificates showing deposit of Rs. 5,000/-, Rs. 2,00,000/-, Rs. 1,00,000/-, Rs. 29,000/-, Rs. 20,000/- & Rs. 1,00,000/- respectivelyin o.p. company and after maturity the petitioner is entitled to the matured amounts. But the o.p. company did not pay any heed to refund the matured amount after expiry of the time of maturity. People invest their hard earned money in a reputed company to get the ultimate benefit at the time of their need. O.p. companyhas miserably failed to keep their promise which they made on the face of the certificates issued by them in favour ofcomplainant. For their gross negligence in discharging duties, complainant had tosuffer a lot for the crying need of money. Moreover, the o.p. companyhave not cared to appear before the Forum which clearly shows that they have nothing to do to solve the problem. So we have no difficulty to believe the unchallenged testimony of the complainant. The oral and documentary evidences filed by the petitioner went unchallenged and there is nothing to disbelieve the case of the petitioner resulting which the case is proved ex parte against the o.ps.
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. 299 of 2016 ( HDF 299 of 2016 ) be and the same is allowed ex parte with costs against the o.ps.
The petitioner is entitled to the reliefs as prayed for. The o.ps. are directed to pay the matured amount of the fixed deposit to the petitioner with @ 9% p.a. interest from the date of maturity till full payment within 30 days from the date of this order in cases where deposits are matured and in other cases where schemes are not matured then the o.ps. are to pay the principal amount with interest @ 9% p.a. from the date of deposit till realization within 30 days from the date of this order.
The o.ps. are further directed to pay Rs. 50,000/- out of which Rs. 10,000/- would go to the petitioner as compensation and rest Rs. 40,000/- would be deposited in the Consumer Legal Aid Account of this District Forum within 30 days from the date of this order and Rs. 10,000/- as litigation costs.
Supply the copies of the order to the petitioner, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
