West Bengal

Paschim Midnapore

CC/35/2017

Sasanka Sekhar Maity - Complainant(s)

Versus

The Director, Alchemist Holdings Ltd. - Opp.Party(s)

Subal Chakraborty

22 Jun 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.                             

Bibekananda Pramanik, President,

Pulak Kumar Singha, Member

And

Sagarika Sarkar, Member

    

Complaint Case No.35/2017

 

    Sasanka Sekhar Maity, S/o-Satish Chandra Maity,

E/62, Station Road, Mitra Compound, Midnapur Town,

P.S.-Kotwali, Dist-Paschim Medinipur…..………Complainant

Versus

1. The Director, Alchemist Township (I) Ltd., Alchemist House, Building No.23, 411/412, Ansal Tower-38, Nehru Place, Kalkaji, New Delhi-110019;
2. B.M., Alchemist Township (I) Ltd., Sepoy Bazar,               Midnapore Town, P.S.-Kotwali, Dist-Paschim Medinipur;

………….Ops.

 

For the Complainant:  Mr. Subal Chakraborty, Advocate.

For the O.P.             :  xxxxxxxxxxx                     

                                                 Decided on: - 22/06/2017                             

                                                ORDER

            Pulak Kumar Singha, Member : 

 

            Complainant files this case u/s-12 of the Consumer Protection Act, 1986.

            In brief  the case of the complainant is that the complainant had  invested money in fixed deposit scheme by purchasing  1600 nos.  of shares on 31/08/2006 from O.P. no.1 through O.P. No.2. His allotted shares Regd. Folio no. B0064291 and certificate    

Contd……………….P/2

 

( 2 )

no.064291 and the date of maturity was on 19/08/2015. On the date of maturity the invested amount will be Rs.48,000/-. After the date of maturity complainant by depositing  Original certificate along with other requisites was demanded the maturity amount from O.Ps. but they ignored rather kept silence.  Subsequently sent legal notice but no reply as yet reached from the end of O.Ps. Finding no way complainant appeared before this Forum for getting relief as per prayer of complaint.

             In spite received of notice none of the O.Ps. neither appeared nor  contested the case. Hence the  case is proceeded  ex-parte against O.Ps.     

Points for decision :

1. Whether O.Ps. are deficiency in service ?
2. Whether complainant is entitled to get relief as prayed for ?

 

Decission with Reasons

             All the points are taken together for the sake of convenience and brevity. We have travelled over the complaint, documents and evidence of complainant, it appears that complainant purchased 1600 nos. of shares on 31/08/2006 from O.P. no.1 through O.P. no.2 vide certificate no.064291 and date of maturity was on 19/08/2015. It revels from the letter of allotment of shares that complainant  had invested money to the O.P. No.1 through O.P. No.2 of  Rs.1,600/-  for purchasing 1600 nos. share where face value of each share was Rs.10/- and  the maturity amount was  Rs.48,000/-.  After the date of maturity the complainant submitted the original certificate along with other requisite documents to the O.Ps. and claimed matured amount but O.Ps. have ignored rather kept silence themselves.  Subsequently complainant sent legal notice to the O.Ps., demanding maturity amount but no  reply as yet reached from the ends of O.Ps.

              Complainant to prove his case submitted copy of  letter of allotment share, legal notice and evidence on oath. In spite of service of notice upon the O.Ps., O.Ps. neither appeared nor  contested the case. So, the case is proceed ex-parte against O.Ps. In the instant case from the merit of the case and documents we think O.Ps. have no defense to contest the case. As such all the issues are in favour of the complainant. O.Ps. are negligent and deficient in service in rending service to the complainant. So, the complainant is entitled to get relief as prayed for.

                                                                                                                                                                                  Contd……………….P/3

 

( 3 )

          Thus the complaint case succeeds.

                                      Hence, it is,

ORDERED,

              That the complaint case be and the same is allowed ex-parte against O.Ps.  with cost.

             O.Ps are directed to pay jointly or severally of Rs.48,000/-(Rupees forty eight thousand) only  along with 9% interest from 19/08/2015 to the complainant within one month from the date of this order.

            O.Ps. are further directed to pay Rs.5,000/-(Rupees five thousand) only as compensation for  mental pain, anxiety and  financial loss and also to pay litigation cost of Rs.2,000/- (Rupees two thousand) only to the complainant within stipulated period mentioned above.

              Failure to comply O.Ps. shall be liable to pay Rs.500/- (Rupees five hundred) only per month to be paid to the Legal Aid Fund to this Forum till full realization.

Dictated and Corrected by me

        Sd/- P.K. Singha                       Sd/- S. Sarkar                Sd/-B. Pramanik.

               Member                                 Member                          President

                                                                                               District Forum

                                                                                            Paschim Medinipur