District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
(Old Sub-Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)
Telefax: (03522)-270013
Present
Miss. Swapna Saha - Member
Shri Siddhartha Ganguli - Member
Consumer Complaint No. 13/2014
Mannan Hossain
S/o Khoyajuddin Sarkar
Vill.: Thalipukur, PO: Deotala, PS.: Gazole,
Dist. Malda -733124, (M) +91-8653357363 …………Complainant(s)
V-E-R-S-U-S
1. The Branch Manager,
Rose Valley, Gangarampur Branch
Gangarampur Shopping Plaza
New Bus Stand (Near LIC Office)
Dist.: Dakshin Dinajpur,
W. B. 732124, Ph: 03521 257219
2. The Senior Regional Manager,
M/s.Rose Valley, Siliguri Regional Office
2 ½ Mile Check Post, Sevok Road, Siliguri
Dist.: Darjeeling,
W. B. 734001, Ph: 03532545471
3 Sahanur Islam,
S/o Safiul Islam
Bolla, Balurghat
Dist.: Dakshin Dinajpur
W. B. 733158, Mob: 8972164112 …………Opposite Parties
For complainant ……………… - Mainur Islam,
(Authorised representative)
For OP Nos.1, 2 & 3 …………… - None
Date of Filing : 05.05.2014
Date of Disposal : 29.05.2015
Contd…P/2
Judgment & Order dt. 29.05.2015
The instant case has been filed on 05.05.2014 by the complainant Mannan Hossain, S/o Khoyajuddin Sarkar, of Vill: Thalipukur, PO : Deotala, PS: Gazole, Dist. Malda (W.B.), Pin-733124, against the Opposite Parties (1) The Branch Manager, Rose Valley, Gangarampur Branch, Shopping Plaza, New Bus Stand, Near LIC Office. Dist: Dakshin Dinajpur, (2) The Senior Regional Manager, M/s. Rose Valley, Siliguri Regional Office, 2½ Mile Check Post, Sevoke Road, Siliguri, Dist: Darjeeling, and (3) Sahanur Islam, S/o Safiul Islam, Bolla, Balurghat, Dist: Dakshin Dinajpur, u/s 12 of the Consumer Protection Act,1986.
The facts of the case, in brief, are that the complainant is a resident of the above noted address and he is a businessman as well as cultivator by profession and earns Rs.1,000/- daily. He invested Rs.1,80,000/- in total in the Rose Valley Real Estate & Construction Ltd. in a 60 month’s tenure deposit scheme by paying Rs.3,000/- each month. The account was opened on 31.03.2009 at Gangarampur Branch in the office of the OP vide application No: 02C-085225100 dt. 31.03.2009, Scheme- E3, allotment No: 3547166, certificate M. Code 024619229 and the amount of maturity was Rs.3,17,232/- and the same would be payable on maturity dt. 31.03.2014. At the time of Saradha Group Scam, the complainant had gone to the office of the OP No. 1 for pre-maturity payment, but the OP No. 1 promised that the OP’s company was a different type of company and there was no risk of loss of money and as per the words of the OP No.1, the complainant was compelled to keep faith upon the O.P.
The complainant had paid all the installments in time and deposited all the original money receipts and certificate in the office of the O.P on 05.03.2014. On the date of depositing the documents, the
Contd…P/3
complainant was informed by the OP No. 1 that payment would be made on the date of maturity i.e. on 31.03.2014 by cheque. On 31.03.2014 the complainant was informed by the OP No. 1 that payment would be made on any day in the 1st week of April, 2014. Again, on 03.04.2014 the complainant was informed by the OP No.1 that due to year ending, processing for payment of maturity could not be done and any day in the 2nd week of April, 2014 payment would be made. Again, on 09.04.2014, 21.04.2014 & 28.04.2014 the OP No.1 had given false promises and failed to make payment to the complainant and finding no other alternative the complainant filed this complaint before this Forum for the following reliefs:
- To pay to the complainant Rs.3, 17,232/- as principal amount.
- To pay to the complainant Rs.2500/- as interest due to non-payment.
- To pay to the complainant Rs.1, 00,000/- for his mental pain and agony.
- To pay to the complainant Rs.15, 000/ as compensation for unnecessary harassment.
- To pay to the complainant Rs.2000/ for expenses incurred by him for filing this case,
And he claimed Rs.4,36,732/- in total.
The complainant in support of his claim submitted the following document:
1. The Xerox copy of provisional allotment certificate issued by the OPs’ company vide M code: 024619229 in favour of the complainant, which contains receiving signature and seal of the OPs’ company.
The complainant filed his written examination–in-chief before this Forum on 25.05.2015 and it was tendered by him. He also submitted that he failed to produce the original certificate of the above as he had deposited the same with the office of the O.P for maturity claim. No other document was filed by the complainant.
The O.Ps entered into their appearance in this case on 05.06.2014 and the OP Nos. 1 & 2 filed written version on 21.01.2015
Contd…P/4
before this Forum, but subsequent to 11.3.2015 the OP Nos. 1 & 2 were absent without any steps and thus this case has been proceeded ex-parte against them. OP No.3 appeared on 5.6.2014 but he neither filed any written version nor appeared subsequently and therefore this Forum was compelled to proceed ex-parte against him.
The main contention of the OP Nos.1 & 2, as it is mentioned in their Written Version is that the complainant has paid as part payment of earnest money for provisional allotment of a plot of land for residential unit by way of 60 nos. of installment application amount of Rs.3000/- (Rupees three thousand only) each, total a sum of Rs.1,80,000/- only as offered by the OPs company. The OPs further stated that in lieu of the said payment made by the complainant as installment as part payment of earnest money for provisional allotment of a plot of land for residential/commercial unit as offered by the OPs, the Ops issued a provisional allotment certificate vide M code 024619229, being provisional application No: 02CO85225100 dated 31.03.2009 with allotment No. 3547166 with credit value of Rs.3,17,232/ only on cancellation by the allotee.
Nowhere in the Written Version the O.P No: 1 & 2 denied that they have not received the money from the complainant, rather it is admissible position that the complainant paid money in installments @ Rs.3000/ per month to the OPs company ,totaling Rs.1,80,000/ and the OPs received the same and issued certificate and money receipts towards the said deposits.
No document filed by the O.P in connection with the case.
On perusal of the complaint and the written version, the following points are to be decided:-
- Is the complaint petition is maintainable in its present form and law?
- Whether this Forum has jurisdiction to entertain this complaint?
Contd…P/5
- Whether the complainant is a consumer or not?
- Is there any deficiency in service on the part of the O.P?
- Whether the complainant is entitled to get any relief from this Forum ? If so, to what extent he can get so?
- Whether the complainant is entitled to get other reliefs as prayed for?
Decision with Reasons
All the points mentioned above are taken up together for convenience of discussion and to avoid unnecessary repetition as they are interrelated to each other.
From the complaint petition, document of the complainant, evidence of the complainant, written version and other materials on record, it is found that the complainant is a resident of Malda District and he filed the complaint against 3 OPs, out of those O.P Nos. 1 & 3 are residing as well as carrying on business or has a branch office within the territorial jurisdiction of this Forum. The complainant claimed reliefs to the tune of Rs.4,36,732/- (Rupees four lakh thirty six thousand seven hundred thirty two only) in total. It is the case of the complainant that he invested Rs.1,80,000/- (Rupees one lakh eighty thousand only) in total in the OP’s company in a 60 month’s tenure deposit scheme by paying Rs.3000/(Rupees three thousand only) each month. The said account was opened on 31.03.2009 at Gangarampur Branch of the office of the O.P. The amount of maturity was Rs.3,17,232/- (Rupees three lakh seventeen thousand two hundred thirty two only) and the date of maturity was on 31.03.2014. The complainant deposited the original certificate as stated above along with all money receipts in original at the office of the OP at Gangarampur Branch, so he failed to submit the original certificate before this Forum and the OP assured to pay the maturity amount on 31.03.2014. The OP failed to pay the said amount on the maturity date and gave false promise to the complainant and as such he had to travel unnecessarily to the office of the OP at
Contd…P/6
Gangarampur on several times and ultimately due to non payment by the OP the Complainant filed the complaint in this Forum on 05.05.2014 as per the provision of Sec.12 of the C.P. Act, 1986 duly supported by an affidavit.
The complaint petition of the complainant has been filed as per the provision of the C.P Act,1986 and it has been filed within the limitation period as prescribed U/S 24A of the C.P. Act and thus it is maintainable and this Forum has territorial as well as pecuniary jurisdiction to entertain the complaint.
The complainant is a consumer and comes within the definition of “Consumer” as provided in sec-2(d) of the C.P. Act, 1986 as he hired or availed of the services of the OPs for a consideration. He deposited money in the office of the OP amounting to Rs.1,80,000/- by installments in a 60 month’s tenure scheme offered by the OP and after due date of maturity the OP, being the service provider, failed or neglected to repay the maturity amount, being Rs.3,17,232/- to the complainant and thus there is gross negligence and/or deficiency in service on the part of the OPs.
Further from the materials on the record, it appears that the complaint had invested Rs.1,80,000/- in total in the Ops company in a 60 month’s tenure deposit scheme by paying Rs.3,000/- each month and the said account was opened on 31.03.2009 at Gangarampur Branch of the office of the O.P. vide application No: 02C-085225100 dt. 31.03.2009, Scheme- E3, allotment No: 3547166, certificate M. Code 024619229 and the amount of maturity was Rs.3,17,232/- and the same would be payable on maturity dt. 31.03.2014. The complainant had paid all the installments in time and deposited all the original money receipts and certificate at the office of the OP on 05.03.2014. On the date of depositing the documents, the complainant was informed by the OP No. 1 that payment would be made on the date of maturity i.e. on
Contd…P/7
31.03.2014 by cheque. On 31.03.2014 the complainant was informed by the O.P No: 1 that payment would be made on any day in the 1st week of April, 2014. Again, on 03.04.2014 the complainant was informed by the OP No.1 that due to year ending processing for payment of maturity could not be done and any day in the 2nd week of April, 2014 payment would be made. Again, on 09.04.2014, 21.04.2014 & 28.04.2014 the OP No. 1 had given false promises and failed to make payment to the complainant.
The O.P Nos. 1 & 2, as they have mentioned in their written version that the complainant has paid as part payment of earnest money for provisional allotment of a plot of land for residential unit by way of 60 nos. of installment application amount of Rs.3,000/-(Rupees three thousand only) each, total a sum of Rs.1,80,000/- only as offered by the OPs company. The OPs further stated that in lieu of the said payment made by the complainant as installment as part payment of earnest money for provisional allotment of a plot of land for residential/commercial unit as offered by the OPs, the OPs issued a provisional allotment certificate vide M code 024619229, being provisional application No: 02CO85225100 dated 31.03.2009 with allotment No; 3547166 with credit value of Rs.3,17,232/- only on cancellation by the allotee.
Nowhere in the Written Version the OP Nos. 1 & 2 denied that they have not received the money from the complainant, rather it is admissible position that the complainant paid money in installments @ Rs.3,000/- per month to the OPs company, totaling Rs.1,80,000/- and the OPs received the same and issued certificate and money receipts towards the said deposits. But on the date of maturity OP failed to pay the maturity amount and this is nothing but deficiency in service on the part of the OPs.
Contd…P/8
Considering the above discussions we are of the view that there is a gross negligence and deficiency in service on the part of the OPs as they have failed to make payment of the maturity amount to the complainant on the date of maturity and thus this case is allowed in part against the OPs. As the complainant conducted the case personally and able to prove his case and so he is entitled to get reliefs. This case has been decided ex-parte against the OP Nos. 1 & 2 as they have not appeared on the date of final hearing, though submitted written version and also decided ex-parte against OP No.3.
Hence, it is
O R D E R E D
that instant petition of complaint be and the same is allowed in part on ex-parte against the OPs without any cost. The OPs are jointly and severally directed to pay a sum of Rs.3,17,232/- as maturity amount of deposit being application No: 02C-085225100 dt. 31.03.2009, Scheme-E3, allotment No. 3547166, certificate M. Code 024619229, which was matured on 31.3.2014, along with interest @ 8% p.a. upon the payable amount on and from this date of order till the date of realization by issuing an account payee cheque in favour of the complainant within a period of 45 days from the date of this order.
The OPs are further directed to pay a sum of Rs.10,000/- only as compensation by issuing another account payee cheque in the name of the complainant within the aforesaid period.
Direction is also given to the OPs to deposit both the cheques to this Forum within the above mentioned period.
The complainant is at liberty to file an Execution Application u/s 25 & 27 of the CP Act. 1986 in the event of failure of payment by the OPs as directed above.
Contd…P/9
Let the plain copies of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
………Sd/-….…….
(S. Ganguli)
Member
I concur,
……Sd/-..……
(S. Saha)
Member
- Date when free copy was issued ……………………
- Date of application for certified copy ……………………
- Date when copy was made ready ……………………
- Date of delivery ……………………
FREE COPY [Reg. 18(6)]
- Mode of dispatch ……………………
- Date of dispatch ……………………
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