DATE OF FILING : 12-06-2015.
DATE OF S/R : 04-11-2015.
DATE OF FINAL ORDER : 10-02-2016.
Sri Sahadeb Pal,
son of Kartick Pal,
village and P.O. Manikpat, P.S. Aranbag,
Howrah 712617. ………………………………………………………. COMPLAINANT.
1. Silicon Project India Ltd.,
91/A/2, N.S.C. Bose Road,
Kolkata 700040. And
58, Charu Avenue, 2nd floor,
Kolkata 700033 ( Corporate Office ). And
Village, P.O. & P.S. Udaynarayanpur,
Howrah 711414.
2. The Branch Manager,
Mr. Toton Jana,
Silicon Project India Ltd.,
Village Purba Hooghly, Bhajjihnpur, P.O. & P.S. Tarakshwar,
Hooghly 712410.
3. The Managing Director,
Tusar Kanti Jana,
Silicon Project India Ltd., village PUrba Hooghly, Bhajjihnpur,
P.O. & P.S. Tarakshwar,
Hooghly 712410…………………………………………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 : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, namely, Sahadeb Pal 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 pay Rs. 40,000/- being the maturity amount with interest, to pay Rs. 50,000/- as compensation along with costs and other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainant made investment in the scheme of MSRD on 17.4.2010 and deposited an amount of Rs. 20,000/- for which the maturity amount is Rs. 40,000/- with the maturity date 16.4.2015 vide Annexure A, B & C. O.P. even issued principal and interest warrant dated 16.4.2015 for the said maturity amount of R s. 40,000/- in favour of the complainant vide Annexure ‘D’. But it is alleged by the complainant that even after the expiry of the date of maturity o.p. failed to pay the maturity amount of Rs. 40,000/- to the complainant and gave all false assurances. company. So finding no other alternative, complainant filed this instant petition praying for the aforesaid relief.
- Notice were served. O.ps. neither appeared nor filed any written version. Accordingly, case was heard ex parte.
- Two points arose for determination :
i) Are there any deficiency in service on the part of the O.Ps. ?
- 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. 20,000/- in total in the o.ps. company. It is a fact that o.ps. have failed to pay the maturity amount since 16.4.2015 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.ps. have miserably failed to keep their 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 investment 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.ps. have 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. 220 of 2015 ( HDF 220 of 2015 ) be allowed ex parte with costs against the O.P.
That the O.P. is directed to pay the maturity amount of Rs. 40,000/- in terms of the certificate in question within one month from this order.
The complainant do get an award of Rs. 3,000/- as compensation and Rs. 2,000/- as litigation cost and o.p. is directed to pay the entire amount of Rs. 45,000/- within one month from this order i.d. amount shall carry an interest @ 8% 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.
