West Bengal

Kolkata-I(North)

CC/122/2016

Subal Chandra Samanta - Complainant(s)

Versus

The Senior Regional Manager, Rose Valley Real Estate & Construction Ltd. - Opp.Party(s)

30 Aug 2017

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/122/2016
 
1. Subal Chandra Samanta
S/o Lt. Niranjan Samanta, Vill. - Daulatpur (Green Park), P.O. - Pailan, P.S. - Bishnupur, Kolkata - 700104.
...........Complainant(s)
Versus
1. The Senior Regional Manager, Rose Valley Real Estate & Construction Ltd.
5, Mango Lane, 4th Floor, P.S. - Hare Street, Kolkata - 700009.
2. Managing Director / Authorised Person, Rose Valley Real Estate & Construction Ltd.
Godrej Water Side, Towe-1, 2nd Floor, 201 & 202, Plot-5, Block-DP, Sector-5, Kolkata-700091.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MR. Sk. Abul Answar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 30 Aug 2017
Final Order / Judgement

Order No.  16  dt.  30/08/2017

                  The case of the complainant in brief is that the complainant invested a sum of Rs.2,06,200/- in Rose Valley Real Estate And Construction Ltd. The o.p. promised return of the amount of Rs.2,85,052/-. After the lapse of the stipulated period the o.p. company was approached by the complainant for refund of the amount but the o.p. did not refund the said amount. The complainant thereafter visited the office of the o.p. but no fruitful result was achieved. The complainant sent a letter dated 13.11.2015 by registered post with A/D. Though the letter was received by the o.p.1 but no effort was made by the o.p. for refund of the amount. On the basis of the said fact the complainant filed this case poraying for direction upon the o.ps for refund  the  promised maturity value of Rs.2,85,052/- and compensation of Rs.1,00,000/- and litigation cost of Rs.10,000/-.

                The o.ps did not contest the case though the notice was issued upon the o.ps by publication of notice in a Daily Newspaper viz. Ajkal as such the case has proceeded ex-parte against them.

                In order to prove the case the complainant filed an affidavit of evidence whereby he stated that he paid  the amount of Rs. 2,06,200/- to the o.ps and it was decided that o.ps would refund Rs.2,85,052/- but in spite of expiry of stipulated period the amount was not paid to the complainant. The complainant thereafter visited the office of the o.ps and also sent registered letter asking for the refund of the amount but the o.ps did not pay any heed in respect of the demand made by the complainant. Since the plea of the complainant has not been challenged by the o.ps therefore we have no other alternative but to accept the case of the complainant. In view of the facts and circumstances stated above and the documents filed by the complainant wherefrom it is evident the complainant paid the amount to the o.ps and in spite of expiry of the period of refund of the amount the o.ps neglected to refund the said amount. Therefore we hold that the complainant will be entitled to get relief as prayed for

                Hence, ordered.

                That the case no.122/2016 is allowed exparte against the o.ps. The o.ps are jointly and severally directed to refund the amount of Rs.2,85,052/- (Rupees two lakh eighty-five thousand fifty two) along with compensation of Rs.50,000/-(Rupees fifty thousand) as well as litigation cost of Rs.10,000/- (Rupees Ten thousand) only to the complainant within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

                Supply certified copy of this order to the parties free of cost. 

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
[HON'BLE MR. Sk. Abul Answar]
MEMBER

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