DATE OF FILING : 24-08-2015.
DATE OF S/R : 09.10.2015.
DATE OF FINAL ORDER : 16-02-2016.
Chinmoyee Das,
c/o. Bimal Kumar Das,
Bharat Co -OP Housing Block,
C 2/2, P.O. Ramchandrapur via Sankrail,
District Howrah,
PIN 711313 ( W.B.). ……..…………………………………………… COMPLAINANT.
Vibgyor Gold Limited,
( i ) The Manager,
Bagnan Branch, G.T. Road,
Bagnan, Howrah,
PIN 711303.
(ii) The Managing Director,
M/S. Vibgyor Gold Ltd.,
Vibgyor Tower,
87, Dr. Suresh Sarkar Road,
Kolkata 700014.
W.B. ……………………………………………………...OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, namely Chinmoyee Das, by filing a petition 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 Rs. 1,58,880/- + Rs. 300/-, 1,00,000/- as compensation and Rs. 2,000/- as litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainant made investment in recurring deposit of o.ps. and the maturity date of that deposit was in the year of 2014 for which o.ps. issued a cheque amounting to Rs. 1,58,880/- dated 25.06.2014 bearing no. 258023 in favour of the complainant. But when the said cheque was placed for encashment it was dishonoured for which complainant had to incur a cost of Rs. 300/- towards bank charge. Complainant informed the o.ps. about the said event and o.ps. made verbal promise to pay the said amount to the complainant within a short period and also expressed their poor financial condition. Thereafter complainant made several requests to o.ps. to get her matured amount back but o.ps. remained silent. Being frustrated and finding no other alternative complainant filed this instant case with the aforesaid prayers.
- Notice was served. O.p. neither appeared nor filed any written version. Accordingly, case was heard ex parte.
- Two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the complaint petition along with annexures filed by the complainant and noted its contents. Complainant made an investment in the o.ps. company. It is a fact that o.ps. have failed to pay the maturity amount being Rs. 1,58,880/- even after issuing a cheque in favour of the complainant for which complainant felt tremendous monetary problem. Because, people invest their hard earned money in a reputed company to get the ultimate benefit at their need. O.ps. have miserably failed to keep their promise. For their gross negligence in discharging duties, complainant had to suffer a lot for the crying need of money. Sacrificing many present enjoyments involving monetary expenditure, complainant made those investments foreseeing their future needs. If that criteria is not fulfilled due to o.ps.’ severe negligence, complainant is, thereby, truly prejudiced which can be very well understood by a man of common prudence. Moreover, the o.ps. have not cared to appear before the Forum even after receiving summons. No W/V has been filed by them which clearly shows that they have nothing to put forward in their favour. And the complaint petition remains unchallenged and uncontroverted. And we have no difficulty to believe the unchallenged testimony of the complainant. O.ps. have miserably failed to keep promise which certainly amounts to deficiency in service coupled with unfair trade practice on their part which should not be allowed to be perpetuated for an indefinite period. And we are of the candid opinion that it is a fit case where the prayers of the complainant should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 298 of 2015 ( HDF 298 of 2015 ) be allowed ex parte with costs against the O.P.
That the O.Ps. are directed jointly and severally to pay the maturity amount of Rs. 1,58,880/- along with a amount of Rs. 18,000/- as compensation and Rs. 2,000/- within one month from this order i.d., @ 8% p.a. interest shall be charged on the entire awarded amount being Rs. 1,78,880/- till actual payment.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
