DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 495/2014
Date of Filing: Date of Admission Date of Disposal:
03.09.2014 11.09.2014 27.08.2015
Complainant/s = Vs. = O.Ps.
Sri Gouranga Das, 1. Smt. Bhabani Ganguly,
S/o. Late Narayan Chandra Das, W/o. Sri Moni Mohan Ganguly,
64, Subhas Sarani, 2. Sri Moni Mohan Ganguly,
P.S. Bansdroni, father’s name not known.
P.O. Bansdroni, 3. Sri Partha Ganguly,
Pin- 700070, S/o. Sri Moni Mohan Ganguly,
Dist- North 24 Pgs. All of A. K. Dutta Road,
Halisahar, Lalkuthi,
P.O. Hazinagar,
P.S. Bijpur, Pin- 743135,
Dist- North 24 Parganas.
Advocate for the Complainant:- Sunil Sen.
Advocate for the OPs:- X.
P R E S E N T :- Smt. Bandana Roy ………………….President
:-Sri Rabideb Mukhopadhyay…….Member
J U D G E M E N T
Facts of the case, in short, is that the complainant having read on advertisement in the wall paper to the Dum Dum Railway Station from time to time in such kind and mode as used of the sentense consisting of the words ‘If he has internet connection’, he can earn income @ Rs. 30,000/- per month, mobile No. 9330991488 was interested thereto and took occasion of contracting the O.P. No.2 through the said mobile phone number so that the complainant can earn income @ Rs. 30,000/- per month.
The complainant stated that having discussion over phone with the hO.P. No.2 with regard to earn income of Rs. 30,000/- per month the complainant approached on 12.12.11 to the O.Ps at the call of the O.P. No.2, at A. K. Dutta Road, Halisahar, Lalkuthi, P.O. Hazinagar, Pin- 743135, P.s. Bijpur, Dist- North 24 Pgs. The O.P. No.1 is the wife of O.P. No.2 and the O.P. No.3 is the son of the O.P. No.2 and their address as aforesaid being common to all the O.Ps.
Dictated and corrected Contd. …. 2/-
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The complainant further stated that the complainant was instructed for one day training course at the place of the O.Ps mentioned in para 3 upon payment of training charges of Rs. 1,500/- and as such the complainant paid a sum of Rs. 1,500/- on 12.12.2011 to O.P. No.2 and attended on the same day i.e. on 12.12.11 the said training course.
The complainant also stated that the O.Ps assured the complainant to earn such income as referred to in the said advertisement and the complainant reposed full faith and confidence on such assurance of the O.Ps as advertised aforesaid and took a package for Rs. 20,500/- from the O.Ps for earning such income and the complainant as per the direction of the O.P. No.2 deposited Rs. 20,500/- by issuance of a cheque in favour of the O.P. No.1 on 20.01.12 the cheque being No. 505784 drawn on Bank of Boroda as the O.Ps assured the complainant after one month of deposit of Rs. 20,500/- the complainant is to earn interest @ Rs. 30,0000/- in every month. At such point of time the O.Ps accredited to the complainant that the complainant is secured as for that the O.Ps would have caused investment of the deposit of the complainant for Rs. 20,500/- to their chit fund company named ‘JUST BEEN PAID’. The said cheque for Rs. 20,500/- issued by the complainant in favour of the O.P. No.1 was subsequently en-cashed by the O.P. No.1.
The complainant further stated that one month has passed since the complainant deposit Rs. 20,500/- and as such the complainant claimed his monthly interest @ Rs. 30,000/- from the O.Ps and by then suggestion of the O.Ps came over to the complainant that Chit Fund would take time for 6 months to provide interest @ Rs. 30,000/- in every month.
The complainant also stated that the complainant further awaited for 6 months i.e. upto July, 2012 per request of the O.P. No.1 and demanded his monthly interest @ Rs. 30,000/- per month from the O.Ps and the O.Ps turned away and divulged that the ‘Just Been Paid’ whereto the said deposit of Rs. 20,500/- has been invested by the O.Ps had been closed and moreover the said deposit of the complainant for Rs. 20,500/- would be invested in the newly formed Chit Fund Company ‘PROFIT CLICKING’ and as such the demand of the said interest @ Rs. 30,000/- per month in favour of the complainant is required to keep in abeyance till further time for the period of 4 months i.e. upto November, 2012 and consequently the complainant wistfully waited for the same till Novedmber, 2012. It, however, goes without saying that the O.Ps are fully liable for their acts and conducts which have caused no income and have caused losses wrongfully at all material times over deposit of the complainant for Rs. 20,500/-.
Dictated and corrected Contd. …. 3/-
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The complainant further stated that having got no payment of any amount till August, 2013 in spite of his entitlement the complainant made contact with the O.P. No.1 through phone and demanded the amount of Rs. 61,280/- which the complainant is entitled in the true sense of the term and the O.P. No.1 intimated out to the complainant that Profit Clicking Company has been closed and new Chit fund Company under the name and style ‘Ad Click Xpless’ has been commenced and as such the O.Ps have caused the said deposit of the complainant investment to the new Chit Fund Company ‘AD CLICK XPLESS’ and the complainant had to await further time to avail himself of the interest @ Rs. 30,000/- per month and on hearing the same from the O.P. No.1.
The complainant also stated that in view of the said deficiency in service the complainant claimes Rs.61,280/- and compensation of the damages at the rate of 18% per annum due to their delay in payment of his claim of Rs. 61,280/-. Hence the complaint.
The O.Ps did not turn up to contest the case.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision with Reasons
Complainant has submitted affidavit in chief in support of his contention in the complaint. Complainant submitted the documents in support of his claim. We have carefully perused the materials on record and documents filed by the complainant and the brief notes of argument as O.P did not turn up to contest the case or to controvert the statement of complaint in spite of service of summons on them. Hence we have no hesitation to hold that complainant is entitled to get relief as prayed for.
Hence
Ordered,
that the complaint be and the same is allowed exparte against the O.Ps.
The O.P. No.1 is directed to make payment of Rs. 61,280/- being the accrued amount the complainant is entitled per advertisement of the O.Ps dated 08.04.13 along with interest 12% p.a. from the date of filing of the case till final payment.
Dictated and corrected Contd. …. 4/-
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The O.Ps are directed to pay compensation of Rs. 10,000/- and litigation cost of Rs. 2,000/- to the complainant within one month from the date of this order, failing which O.P shall have to pay sum of Rs 100/- per day from the date of this order till it realization, as punitive damages, which shall be deposited by the O.P in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member President
Dictated & Corrected by me.
