DATE OF FILING : 27-07-2015.
DATE OF S/R : 15-10-2015.
DATE OF FINAL ORDER : 31-12-2015.
Abhisek Rit,
son of late Manas Kumar Rit,
residing at Bakultala Lane, Ramrajatala,
P.S. Jagacha,
Dist Howrah ………………………………………………………… COMPLAINANT.
Rose Valley,
Having its registered office at Raghunathupur,
VIP Road, Kolkata 700 059
having its Branch Office at
2, Belilious Road, P.S. and
Dist Howrah 711 101………………………………………………..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 Abhisek Rit, 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 refund all maturity value of two certificates, to pay Rs. 30,000/- as compensation and Rs. 5,000/- as litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainant made investments in the scheme of fixed deposit and recurring deposits of o.p. The o.p. issued certificates vide Annexures P/1 to P/2 in favour of the complainant which are as follows :
Abhisek Rit Policy No. 07H092694845 (Fixed deposit),
Policy No. 07C092585048 (Recurring deposit).
- O.P. promised to pay the maturity value of both the certificates on the due dates to the complainant. But after expiry of due date of one certificate on 29/01/2015 complainant repeatedly went to the office of o.ps but on different pleas they have returned the complainant without giving his maturity amount being Rs.1,05,744/-. It is stated by the complainant that due to this non action and gross negligence on the part of the o.p., complainant has been compelled to face tremendous problem due to scarcity of money with which he was supposed to meet his day to day expenditure, medical expenditure, children’s education etc. which are really at stake. Ultimately, complainant went to the Corporate office of the o.ps. on February, 2015, but he could not get any fruitful result. So, finding no other alternative, complainant filed this instant petition praying for the aforesaid relief.
- Notice was served. O.p. neither appeared nor filed any written version. Accordingly, case was heard ex parte.
- Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
- 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. 49,000/- in total in the o.ps. company. It is a fact that o.ps. have failed to pay the maturity amount since January, 2015 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.p. has miserably failed to keep his promise which they made on the face of the certificates 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.p. has 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. 247 of 2014 ( HDF 247 of 2014 ) be allowed ex parte with costs against the O.P.
That the O.P. is directed to pay the principal amount of 3,90,000/- along with upto date monthly due interest in terms of the certificate in question within one month from this order i.d., @ 10% p.a. interest shall be charged on the entire decreetal amount till actual payment.
No order as to compensation.
The complainant do get an award of Rs. 5,000/- as litigation cost and o.p. is directed to pay the same within one month from this order i.d. amount shall carry an interest @ 10% p.a. till actual payment
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.
