Date of filing      : 21.08.2014

                Date of S/R         : 18.09.2014

                Date of Order     : 14.01.2016

                Shri  Bikash Roy

                S/o Late Bimalendu Roy,

                Vill.+ P.O.-Naul, P.S.- Shyampur,

                District-Howrah-711312……………………………………………………….Complainant

                                                                Vs.

      1)   The KBS Vacation and Hospitality Limited, (KBS Group),

             Having its Registered office at H.M.P. House,1^st floor,

             109.4 Fairlie Place, Kolkata-700 001.

        2)  Prism Service, Authorised service centre

              The KBS Vacation and Hospitality Lmimited, (KBS Group),      

              Having its Corporate office at

              H.M.P. House, 6^th floor,

              625.4 Fairlie Place, Kolkata-700 001.

          3) The Director,

              The KBS Vacation and Hospitality Lmimited, (KBS Group),

              Having its Regional office at

              102, Meghnath Saha Sarani, 2^nd Floor,

              Siliguri-734003.

           4) The Director,

               The KBS Vacation and Hospitality Lmimited, (KBS Group),

                Having its Branch office at

               Vill.+ P.O.-Gobindapur, P.S.- Shyampur,

               District-Howrah-711312

P R E S E N T

………………………………………………………………………………………..

President : Shri B. D. Nanda.

Member   : Smt. J. Saha.

Member   : Shri A. K. Pathak.

                This is an application U/s 12 of the Consumer Protection Act, filed by the Petitioner, Subrata Mondal against the O.P.s, K.B.S. Vacation and Hospitality Limited ( KBS Group) praying for directing the O.P.s  to pay monthly food package value amount of Rs. 2000/- from January,14 to February,14 to the petitioner and redemption value of said food package booking being Rs. 1,00,000/- with interest till realization and compensation of Rs. 50,000/-. 

            The case of the petitioner is that he purchased food booking certificate of monthly food package value of Rs. 1000/- from the O.P.s for period of 12 months being booking certificate No. SHM/4/13-14/3668, GTC NO. KBSVHL/A/5/2012 with food identification No. Dooars 5D4N 13/07/2013  dated 13/07/2014 and the O.P. No. 4 Director of the KBS Group having branch office at Shampur , Howrah issued food booking certificate and money receipt against such purchased of food package on payment of Rs. 1000/- and the total redemption amount was Rs. 1,00,000 upto maturity of the scheme.  The O.P. paid the monthly food package value amount upto December,2013 and then stop payment .  Several request made by the petitioner and the O.P.s denied to pay the same value amount of this policy to the petitioner and also they denied to pay the redemption value of Rs. 100000/- such malpractices of the O.P.s harassed the petitioner which is violation of human right and dignity .  The cause of action arose on 28.02.2013 when the petitioner booked the Bengali Food Package at a total consideration of Rs 100000/- from the O.P.s .

            The O.P.s though served with notice and appeared in the case but did not contest the  case and thus the case is heard exparte against them.

The only point is decided herein whether the petitioner entitled to relief as prayed for .

Decision with reason

            In support of his case the petitioner filed evidence in form of affidavit in chief and documents being Annexure  ‘A’ being the certificate of incorporation of the O.P. company by the Dy. Registrar of the company W.B. mentioning there corporate identity number in the year 2009-2010 and leaflets of the KBS group showing there upcoming projects and Annexure ‘B’ being the food booking certificate wherein there is mentioned of Rs. 100000/- as booking amount and monthly food package value being Rs.1000/- and refund as compensation being Rs.100000/- with refunded 28.02.2014.  The booking date was 28.02.2013 .  He also filed the money receipt issued by the O.P.s showing receipt of Rs. 100000/- by the O.P. from the petitioner on 28.02.2013 and the redemption rate clearly mentioned 28.02.2014.  Inspite of expiry of the redemption date the O.P.s did not refund the money and thus the petitioner filed this case .  The above oral and documentary evidences proved the case of the petitioner exparte as all the oral and documentary evidences went unchallenged and there is nothing to disbelieved the case of the petitioner. 

            In the result the claim case succeeds .  Court feels paid is correct.

           Hence,

                                                            Ordered,

That the Consumer Case No.  110/2015 be and the same is allowed exparte with cost against the O.P.s .  The petitioner is entitled to get the redemption value of Rs. 1,02,000/- with interest @ 9% till realiazation from the date of redemption i.e 28.02.2014 and also compensation of sum of Rs. 10,000/- and Rs. 5000/- as litigation cost. 

O.P.s are directed to pay the above amount within 30 days from the ate of this order failing the awarded sum would carry interest @ 9% till realization . After expiry of period of appeal and the petitioner  would be at liberty to put the order in execution.

Supply the copy of the order to the parties, free of cost. 

Dictated and corrected

by me

     ( B. D. Nanda)

President, C.D.R.F. Howrah