DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 158/2014
Date of Filing: Date of Admission Date of Disposal:
26.03.2014 17.04.2014 18.09.2015
Complainant/s = Vs. = O.Ps.
Smt. Arati Baral(Bagani), 1. The Authority,
W/o. Sunil Kumar Baral, Roofers Reality Ltd,
Vii- Subhaspally, Naihati, Capital Management,
Dist- North 24 pgs, P.O. Madhyamgram Branch Office at Naihati,
Bazar, Pin-700130. 7/D, Bijoynagar
P.S. Naihati,
Dist- North 24 Pgs,
Pin- 743165.
2. The Authority,
Roofers Marketing Ltd,
P-103A, C.I.T. Road,
Kolkata- 700014, and
Having Corporate Office
at 21/C, Gorachand Road,
Ground Floor, Kolkata-14.
3. The Director,
M/s. Cozum Analysis Ltd,
113, Park Street, Poddar Point,
10th Floor, North Bloock,
Kolkata-700016.
Advocate for the Complainant:- Sanjay Chakraborty and another.
Advocate for the OPs:- Rajesh Biswas.
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 is a housewife by occupation and due to future financial benefit she thought to deposit some amount before any concern/ government authority, therefore, she has chosen the aforesaid companies for some minor investment.
Dictated and corrected Contd. …. 2/-
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The complainant stated that the O.P. No.2 and their agent spread their business in Naihati area and simultaneously the local office set-up at Bijoynagar, Naihati from where the business transaction continuing by the agent and another official persons of the said company.
The complainant further stated that being satisfied to see the movement of the employees of the said concern, the complainant had deposited an amount of Rs. 75,000/- and amount of Rs. 5,000/- before the O.P. No.2 as per terms and conditions for purchase of golden Holidays Certificate which have surrendered value of Rs. 88,125/- and Rs. 5,000/- after the date of maturity on or after 11.03.14.
The complainant also stated that after the date of maturity and also filed her own letter dated 10.01.14 by which she claim the immediate payment before the O.P. No.3 but the O.P. no.1 did not response and thereafter on several days the complainant had tried to talk with the O.P’s authorities over telephone and asked for payment of the maturity amount but they willfully refused to pay the same besides that the O.P. No.1 is trying to lock their business place by any means and therefore, the complainant is now suffering from mental agony and physical and mental harassment and he has no other alternative way except to file this petition or complaint. Hence the complaint.
O.P. Nos. 1 and 2 have not contested the case by way of filing written version.
The O.P. No.3 has contested the case by way of filing written version.
The O.P. No.3 stated that the present contesting O.P. No.3 is a public company under the name and style of M/s. Cozum Analystic Ltd engaged in the arena of business consultancy, financial and legal consultancy, regulatory compliance maintenance, print electronic web media solution, provides different kinds of services to the companies running with different scale of capital. The present contesting O.P under their premium service list design the web advertisement of different companies and place them in their official page. The O.P. No.1 hired the services of the present contesting O.P by giving a web advertisement in the site of the present contesting O.P and the complainant being satisfied with the schemes, policies, terms and conditions of the O.P. no.1 as
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advertised, invested certain sum of money with the O.P. Nos. 1 and 2 with a promise to get back that along with high rate of interest on maturity. It is pertinent to mention that the present contesting O.P provide services to the O.P. No.1 by promoting their web advertisement purely on consideration basis without any direct assistance on investment of prospective investors thus reduces the risk of commission earning. It is also to be mentioned that no monetary transactions took place between the complainant and the present contesting O.P so the present contesting O.P is not under any obligation to refund the money of the complainant which is deposited with O.P. Nos. 1 and 2. The present contesting O.P is neither the agent nor acted on behalf of the principal O.P. Nos. 1 and 2 thus relief cannot be prayed against the present contesting O.P. It is further submitted that the complainant with an ulterior motive intentionally and deliberately dragged the present contesting O.P to the instant case with an intention to get some illegal benefit from the present contesting O.P. Hence the O.P prayed for dismissal of the case.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision with Reasons
The complainant has filed the affidavit-in-chief, documents and written arguments. The O. P. also filed the affidavit-in-chief and written argument. We have perused all the materials on record.
Admittedly, the complainant has not prayed any relief against the O.P. No.3 and after carefully going through the written version of O.P. No.3, we are of the view that the complainant is not get any relief against the O.P. No.3.
O.P. Nos. 1 and 2 did not turn up to contest the case and considering all the material on record, we are of the view that the complainant is entitled to get relief against the O.P. Nos. 1 and 2.
Hence
Ordered,
that the complaint be and the same is allowed exparte against the O.P. Nos. 1 and 2 and dismissed on contest against the O.P. No.3.
The O.P Nos. 1 and 2 are directed to pay the entire maturity value of Rs. 93,125/- as per schedule till upto date to the complainant immediately.
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The O.P. Nos. 1 and 2 are directed to pay Rs. 2,000/- as compensation and Rs. 1,000/- as litigation cost to the complainant within one month from the date of this order, failing which O.Ps 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.Ps 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.
