DATE OF FILING : 23.06.2014.
DATE OF S/R : 25.07.2014.
DATE OF FINAL ORDER : 08.01.2016.
Tripti Mandal,
w/o. Ajit Kumar Mandal,
Ashirbad, Vivekananda Pally,
P.O. & P.S. Tarakeswar, District Hooghly,
West Bengal,
PIN 712410. …………..……………………………………………….. COMPLAINANT.
The Managing Director,
AEC Reality ( India ) Ltd.,
Corp. Off. Gulmohar, 2nd floor,
48A, Indian Mirror Street, P.S. Taltala,
Kolkata 700013,
having its branch office Bally Sun 116 at Bally ,
P.S. Nischinda, Saheb Bagan,
District Howrah,
registered office Bagati, Mogra, P.S. Mogra,
District Hooghly,
West Bengal,
PIN 712148.
and also residential address
Sri Some Nath Adhikary
Adhikarypara Mogra, P.O. Mogra,
District Hooghly,
PIN 712 148. ……………………………………………………………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, Tripti Mandal, 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.p. to pay the maturity benefit of GCPS – 15 Scheme with interest, to pay Rs. 30,000/- as compensation and Rs. 10,000/- 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 investments of Rs. 2,00,000/- in two Bond Certificates in the scheme of GCPS – 15 Scheme of o.ps. for 15 months. The o.p. issued money receipt nos. 119837 & 119839 dated 28.02.2013 in respect of Bond Certificates vide Annexures in favour of the complainant wherein the certificates being nos. ( i ) 11600010125 and ( ii ) 11600010126 and the date of maturity were mentioned as 28.05.2014. But the o.ps. neither issued certificates nor paid the interim bonus at the end of 3 and 6 months. Then the complainant sent two letters dated 16.01.2014 to Sri Some Nath Adhikary, Managing Director of o.p. company, through registered post with A/D at its Corp. Office and Regd. Office. but both the letters were returned with postal remarks ‘Left’ on 20.01.2014 and ‘Refused’ on 18.01.2014 respectively. At the time of maturity i.e., 28.05.2014 there were no existence of Corp. Office and Branch Office at Bally and she could understand that the o.ps. were trying to shut down their local office. So, finding no other alternative, complainant filed this instant petition praying for the aforesaid relief.
- Notice was served. O.p. neither appeared nor filed any written version. Accordingly, the case was heard ex parte against the o.p.
- Two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
- 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 invested Rs. 2,00,000/- in total in the o.p.’s company. It is the fact that o.p. has failed to pay the interim bonus since inception 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.p. has miserably failed to keep his promise which they made on the face of the certificates issued by them in favour of complainant. 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.p. has 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.p. has 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. 346 of 2014 ( HDF 346 of 2014 ) be allowed ex parte with costs against the O.P.
That the O.P. is directed to pay the maturity amount along with all due interim bonus in terms of the certificates in question within one month from this order i.d., @ 8% p.a. interest shall be charged on the entire decreetal amount till actual payment.
The complainant do get an award of Rs. 3,000/- as compensation and Rs. 2,000/- as litigation cost and o.p. is directed to pay the same within one month from this order i.d. amount shall carry an interest @ 8% p.a. 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, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
