DATE OF FILING                    :     20-06-2014.

DATE OF S/R                            :      28-08-2014

DATE OF FINAL ORDER      :     05-12-2014.

Sri Ajay Ghosh,

Son of Nagen Ghosh,

135, K Road, PS. Liluah,

District –Howrah,

PIN – 711108………..……………………………………………….. COMPLAINANT.

• Versus -

   

  1.         The Manager,

  Amazan Capital Ltd.,

  Infinity Infotech  Park, 2^nd floor,

  Tower 1, Plot A3, Block GP, Sector V, Electronic Complex,

  Kolkata – 700 091.

   

   

  2.         The Managing Director,

              Amazan Capital Ltd.,

              Infinity Infotech Part, 2^nd floor,

              Tower 1, Plot A3, Block GP, Sector V, Electronic Complex,

              Kolkata – 700 091. ……….………………………………OPPOSITE PARTIES.

   

   

                                                  P   R    E     S    E    N     T

   

   

  President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

  Member      :      Shri P.K. Chatterjee.

  Member       :     Smt. Jhumki Saha.

   

  F   I   N   A    L       O   R   D    E     R

  1. Complainant, Ajay Ghosh,by filing apetition U/S 12 of the C.P. Act, 1986 ( as amended up to date ) has  prayed for a direction to be given upon the o.ps. to pay   the maturity  amount of  fixed deposit being Rs. 11,300/-, to pay Rs. 60,000/-  as compensation  for causing mental agony and harassment and  litigation costs of Rs. 20,000/- along with other  orders as the Forum may deem fit and proper. 

2. Brief fact of the case is that complainant made investment in fixed deposit scheme issued by the o.ps., on 27-06-2011  vide  Annexure.  The  certificate no. is  as follows :

Fixed Deposit Certificate No. CPSA0000002022.

3.        O.Ps.  promised to pay the maturity amount of investment  made by the complainant on 27-06-2012 of  fixed deposit.  But it is alleged by the complainant that o.ps. have not paid the maturity amount to the complainant even after the expiry of  the due date  on 27-06-2012 rather advised the complainant to deposit the same at the end of August, 2012 as the o.ps. could not do its business well during June, 2012. So it was not in  a position to pay out the maturity value. So  Complainant deposited the said certificate on 28-08-2012 vide annexure. Thereafter complainant repeatedly requested them to pay out his maturity amount  but o.ps. paid no heed to that. Ultimately complainant sent lawyer’s notice on 10-04-2014 which also remained unreplied  It is further submitted  by the complainant that with the maturity amount, he is   to  run his  livelihood, meet  medical expenditure, children’s education etc. which are really at stake. So, finding no other alternative, complainant  filed this instant petition praying for the aforesaid relief. 

4. Notices were served. But o.ps. neither appeared nor filedwritten version. Accordingly, case was heard ex parte.

5. Two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

2. Whether the complainant is entitled to get any relief as prayed for ?

DECISION  WITH   REASONS      :

6. Both the points are taken up together for consideration. We have carefully gone through the  petition of complaint and its annexures and noted its contents. It is true that the agents of the companies like the o.ps. usually make  door to door visit to raise fund for the company for which they get commission. And on being persuaded by such agents, people, like the complainant, are trapped by  the high assurance given by such agents. But at the time of making of payment of maturity amount, the organization like o.ps. are found to be the defaulter at a high rate. Here in this case complainant has made investment of such a meager amount of Rs. 10,000/- for which maturity value of Rs. 11,300/- was assured to be paid by the o.ps. O.ps. have even failed to pay such a small amount of Rs. 11,300/-  for which there is no valid reason. Moreover, even after receiving the notice of this Forum o.p. did not bother to appear before this Forum. No W/V  has even been filed by them. Accordingly the allegations of the complainant  made out against the o.p. remained unchallenged and uncontroverted and we have no difficulty to believe the unchallenged testimony of the complainant. Accordingly we find o.ps. to be deficient in providing service.  Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 344  of 2014 ( HDF 344  of 2014 )  be  allowed ex parte  with  costs  against  the O.Ps.  

      That the  O.Ps. are directed jointly and severally  to pay the maturity amount of  the fixed deposit of the complainant being Rs. 11,300/-  within one month from this order i.d., 10% p.a. interest shall be charged till actual payment.

      The complainant do get an award of Rs. 3,000/- as compensation and Rs. 1,000/-  as litigation cost and o.ps. are directed to pay the entire decreetal  amount of Rs. 15,300/-  within one month from this order i.d. amount shall carry an interest @ 10% p.a. till actual payment

      The complainants are at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME. 

      (  Jhumki Saha  )                                                                   

  Member, C.D.R.F.,Howrah.