West Bengal

Purba Midnapur

CC/277/2016

Saroj Kumar Samanta - Complainant(s)

Versus

The Branch Manager, Alchemist Infra Realty Ltd. - Opp.Party(s)

Himanshu Sekher Samanta

02 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
PURBA MEDINIPUR
ABASBARI, P.O. TAMLUK, DIST. PURBA MEDINIPUR,PIN. 721636
TELEFAX. 03228270317
 
Complaint Case No. CC/277/2016
 
1. Saroj Kumar Samanta
S/o. Lt. Joydeb Samanta, Vill. & P.O. Dhalhara, P.S. Tamluk
Purba Medinipur
West Bengal
2. Anjali Samanta
S/o. Lt. Joydeb Samanta, Vill. & P.O. Dhalhara, P.S. Tamluk
Purba Medinipur
West Bengal
...........Complainant(s)
Versus
1. The Branch Manager, Alchemist Infra Realty Ltd.
Vill. Padumbasan (Maniktala) P.O. and P.S. Tamluk
Purba Medinipur
West Bengal
2. The Director
Alchemist Infra Realty Ltd. 723, DLF Tower 'A' Jasola,
Centre
New Delhi
3. Sri Chinmoy Maity
C/o. Prabhat Maity, Vill. Panchberia, P.O. Ballukhat, P.S. Tamluk
Purba Medinipur
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. JUSTICE Smt. Bandana Roy PRESIDENT
 HON'BLE MRS. Syeda Shahnur Ali,LLB MEMBER
 
For the Complainant:Himanshu Sekher Samanta, Advocate
For the Opp. Party:
Dated : 02 Feb 2017
Final Order / Judgement

Smt. Bandana Roy, President

This is a complaint made by Sri Saroj Kumar Samanta and Smt. Anjali Samanta  against the OPs praying for a direction upon the OPs to return Rs.100000/- along with interest @ 10% from 31.10.2014 till realization, and compensation for a sum of Rs.100000/- and litigation cost of Rs.20000/-.

In short, case of the Complainants, is that, Complainants invested a sum of Rs.100000/-, at a time in MIS from 31.10.2011 with the OP No. 1 and 2 through OP No. 3 for 3 years being Allotment No AIRL/RXX0047167. The date of maturity of the above MIS was on 31.10.2014 and the maturity value was Rs.1409625/-. The OP no. 1 and 2 had given monthly returns to the complainants regularly, but did not return the principal amount of Rs.100000/- to the Complainants. Although, the OP2 gave a cheque bearing no. 841302 dtd. 30.04.2015 but thereafter OP1 and 3 took back the said cheque. On maturity, Complainants demanded Rs.100000/- from the OPs and submitted all relevant documents to facilitate this. However, OPs have not settled their claim hence, this case.

OP No. 3 contested the case by filing WV, the OP No. 1 and 2 in spite of receiving summons refused the same so the case is heard ex-parte against OP No. 1 and 2, whereby OP No. 3 denied all the material allegations of the Complaints. Thus, this OP prayed for dismissal of the case.

Point to be considered in this case is whether or not the Complainants are entitled to the relief(s) sought for by them.

Decision with reasons

We have carefully perused the affidavit of the complainants and all the documents filed by the complainants.

After consulting the uncontroverted documents of the complainants we have no hesitation to hold that the complainants are entitled get relief, as prayed for.

This complaint case, thus, succeeds.

Hence,

O R D E R E D

That CC/277/2016 be and the same is allowed on contest against OP3 and exparte against the OP No.1 and 2. OPs are directed to pay, Rs.100000/- to the complainants within two months from the date of this order, in default, OPs will have to pay interest at the rate of 10% p.a. till final payment. OPs are further directed to pay compensation of Rs.2000/- and Rs.1000/- as litigation cost to the complainant within two months from the date of this order, failing which OPs will be liable to pay Rs.100/- daily as punitive charges which will be payable to the Consumer Welfare Fund.

Let the copies of the judgement be supplied to all the parties free of cost.

 
 
[HON'BLE MRS. JUSTICE Smt. Bandana Roy]
PRESIDENT
 
[HON'BLE MRS. Syeda Shahnur Ali,LLB]
MEMBER

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