Order-12.

Date-18/11/015.

In this complaint Complainant Swarup Coondoo by filing this complaint has submitted that complainant purchased one Certificate being MC Code 054517776 issued by the Rose Valley Real Estate and Construction Ltd. against Application No. 07D08664700 by depositing Rs. 1,00,000/- and Maturity date is 10.12.2014 and that document was deposited on 04.12.2014 by the complainant to the op and op issued acknowledgement receipt.

Thereafter complainant requested the op to release that amount but till date op has not released the same and complainant is being harassed by the ops.Thereafter complainant sent demand notice claiming the maturity amount.But ops failed and neglected to pay the same till date.

In fact op intentionally and with ill motive neglected to make payment of the maturity amount and thereby caused harassment, mental agony and no doubt by adopting unfair trade practice, they are harassing the complainant for which the present complaint is filed for redressal.

On the other hand ops by filing written statement submitted that due to unavoidable circumstances beyond control of the op and as such final buy-back cheque could not be released in favour of the complainant because the Bank Account of the company has been freezed by Enforcement Directorate, Union of India and several cases are pending before the Hon’ble High Court, Kolkata to that effect and 3 Member Committee has been formed by the Hon’ble High Court, Kolkata for disposal of the liability of the company through the assets disposal and complainant may approach the same before the said Committee to obtain his payment.But op denied all other allegations and in the above circumstances, the complaint should be dismissed.

Decision with reasons

On proper consideration of the entire materials on record and after considering the written version of the op including the complaint and further on overall evaluation of the copy of document as filed by the complainant, it is found that no doubt op on receipt of Rs. 1,00,000/- issued allotment certificate in respect of application amount of Rs. 1,00,000/- and it was deposited one time which is admitted and subsequently complainant as per terms of the allotment certificate prayed for refund of the amount at the end of 10.12.2014 and that original allotment certificate etc. was received by the op and acknowledgement receipt was issued on 04.12.2014.

Thereafter the said amount has not been released and op has not denied the fact but they have stated that they are unable to pay the same in the present financial situation because their account has been freezed.So, they are not able to pay the same and prayed for dismissal and considering the written version, it is found that complainant is entitled to get back the amount in view of the fact that op by adopting unfair trade practice received such amount from the huge number of customers and depositing the same in different accounts of different heads and tried to deceive the customers in such a manner like complainant and other parties.

But it is fact that op admitted the claim of the complainant but when that is the fact, then it is the legal responsibility of the op to repay the same along with interest and compensation and fact remains that the present ops are now well known cheat company all over West Bengal and they are now trying to avoid payment by showing different false excuse.But the allegation as made by the complainant against the ops is well proved for which the complaint succeeds as per prayer of the complainant.

Hence, it is

Ordered,

That the complaint be and the same is allowed on contest with cost of Rs. 5,000/- against the ops.

Ops are hereby directed to repay the maturity amount of Rs.1,00,000/- and also interest over the same at the rate of 10 percent p.a. w.e.f. 10.12.2014 till its full payment.

For harassing the complainant and also for adopting unfair trade practice and further for deceiving the complainant in such a manner, ops jointly and severally shall have to pay compensation of Rs. 25,000/- to the complainant.

Ops jointly and severally are hereby directed to pay the entire decretal amount within one month from the date of this order failing which for non-compliance of the Forum’s order, ops shall have to pay penal damages at the rate of Rs.100/- per day till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.

Even if it is found that ops are reluctant to comply this Forum’s order, in that case, ops shall be prosecuted u/s 25 read with Section 27 of C.P. Act 1986 for which further penalty and fine shall be imposed upon ops.