DATE OF FILING : 29/01/2014
DATE OF S/R : 27/02/2014
DATE OF FINAL ORDER : 30/10/2014
MANTU DAS
W/O Mahadeb Das, South Baksara,
P.o. Baksara, Shakuntala Place,
Howrah 711 110-------------------------------------------------------- COMPLAINANT.
- Versus -
1) Sumangal Industries Ltd,
10th Floor, Room no. 8,
at 33A Jawahar Lal Nehru Road,
Kolkata 700 071
2) SUBRATA ADHIKARI (Chief Managing Director
Sumangal Industries Ltd.,
Chatterjee International Centre,
10th fl, Room no. 8,
At 33A, Jawahar Lal Nehru Road,
Kolkata 700 071
3) MADHUMITA ADHIKARI ( Director)
Sumangal Industries Ltd.,
Chatterjee International Centre,
10th fl, Room no. 8,
at33A, Jawahar Lal Nehru Road,
Kolkata 700 071
4) DILIP CHONGDAR
S/O lt. Ajit Chongdar,
147/1, Satghara Lane, P.O. Buxarah,
Howrah 711 110-------------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case was filed by complainant U/S 12 of the C .P. Act, 1986 ( as amended upto date ) where the complainant has prayed for a direction to be given upon the O.P. no. 1 to pay Rs. 48,000/- including compensation to the tune of Rs. 40,000/- and litigation cost of Rs. 10,000/- as o.p. nos. 1 to 3 did not pay maturity value of the Flexi purchase bond wherein the complainant invested a sum of Rs. 40,000/- by purchasing the same from the o.p. no. 1.
2. The o.p. nos. 1 to 3 in spite of receiving notices did to file the written version. So the case was heard ex parte against them.
3. The o.p. no. 4 contested the case by filing written version and contended interalia that he has been falsely implicated in this case as he has no objection if the complaint of the complainant be allowed.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps?
ii) Whether the complainant is entitled to get any relief and compensation as prayed for?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. From the enclosure it is evident that the complainant purchased Flexi Potato Bond of Rs. 40,000/- on 03-08-2012 with maturity value of Rs. 48,000/- on 03-08-2013. The money receipt justify the said purchase of the bond. The o.p. nos. 1 to 3 did not paid the legitimate maturity that caused a tremendous mental agony not only to the complainant but also the entire family which tantamount gross deficiency in service including unfair trade practices. Therefore, it is palpable that the o.p. no. 1 duped the complainant to purchase the Flexi Potato Bond and ultimately cheated the complainant for not paying legitimate maturity amount. Therefore it is a fit case where the prayer of the complainant shall be allowed.
Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 44 of 2014 ( HDF 44 of 2014 ) be allowed ex parte with costs against o.p. nos. 1, 2 & 3 and dismissed on contest against o.p. no. 4 without costs.
The O.P. no. 1 on behalf of the o.p. nos. 2 & 3 be directed to pay Rs. 48,000/- being the maturity value as per terms and conditions of the Flexi Bond being no. P 1110042358 dated 02-08-2012 within 30 days from the date of this order i.d., it shall carry an interest @ 9% p.a. till full realization.
The O.P. no. 1 is further directed to pay a compensation of Rs. 5,000/- for causing mental pain and agony and litigation costs of Rs. 1,000/- within 30 days from the date of this order.
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.
( P. K. Chatterjee )
Member, C.D.R.F., Howrah.
