Today is fixed for final order. Final order is passed accordingly.
The fact of the case is that the complainant invested a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) in the Rose Valley Real Estate & Construction Ltd. The Branch Manager and other officials of the Rose Valley requested the complainant to invest and assure him to return of Rs. 1,00,000/- (Rupees One Lakh Only). According to such assurance the complainant deposited Rs. 50,000/- (Rupees Fifty Thousand Only) to the Rose Valley Real Estate & Construction Ltd on 04/10/2008 and the date of maturity after five years is 04/10/2013. After maturity the complainant requested the O.P. No.3 and 4 to return back the matured value of investment to the tune of Rs.1,00,000/- (Rupees One Lakh Only) on 02/10/2015. The O.Ps took the original deed of investment from the complainant on the assurance that the matured amount will be handed over to him. The complainant in good faith did not retain the photocopy of the said deed. Thereafter the complainant wrote a letter to Malda Branch after the expiry date but the official refused to issue any acknowledgement against the receipt of the said letter.
On perusal of the Xerox copy of the document it is found that the complainant paid Rs. 50,000/-(Rupees Fifty Thousand Only) to the Rose Valley Real Estate and Construction Ltd but the Rose Valley Real Estate and Construction Ltd did not refund the money after the expiry date of maturity.
The evidence adduced by the complainant remains unchallenged as the O.P. did not appear before this Forum to contest the case. The complainant has been able to prove the case ex parte.
C.F. paid is correct.
Hence, ordered that
the case be and the same is allowed ex parte with cost against the O.Ps.
The O.Ps are directed to refund Rs.1,00,000/-(Rupees One Lakh Only), the value of the maturity amount of Rs. 50,000/-(Rupees Fifty Thousand Only). Beside that the complainant is entitled to get Rs.20,000/-(Rupees Twenty Thousand Only) for mental pain and agony of Rs. 10,000/-(Rupees Ten Thousand Only) for litigation cost.
The O.Ps are directed to pay the amount within 30 days from the date of order failing which it will carry interest @ 5 % p.a. from the date of filing of this case.
Let a copy of this judgment be given to the Complainant/O.P. free of cost on proper application.