District Consumer Disputes Redressal Forum

Dakshin Dinajpur, W. Bengal

(Old Sub-Jail Municipal Market Complex, 2^nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)

Telefax: (03522)-270013

Present          

Shri Sambhunath Chatterjee              - President

Miss. Swapna Saha                            - Member

Shri Siddhartha Ganguli                      - Member

Consumer Complaint No. 31/2015

Mannan Hossain

S/o Khoyajuddin Sarkar

Vill.: Thalipukur, PO: Deotala,  P.S.: Gazole,

Dist. Malda, West Bengal- 732124

Mobile No. 9038799040                   …………………Complainant(s)

V-E-R-S-U-S

1.   The Senior Regional Manager,

      Rose Valley Siliguri, Regional Office,

      2 ½ Mile Check Post, Sevok Road Siliguri

      Dist.: Darjeeling, West Bengal- 734001, Ph- 0353 2545471       

2.   The Branch Manager,

      Rose Valley, Gangarampur Branch

      Gangarampur Shopping Plaza, New Bus Stand, Near LIC Office

      Gangarampur, Dist.: Dakshin Dinajpur-733124, Ph-03521 257219

3.   Sahanur Islam,

      S/o Safiul Islam, Bolla, Balurghat,

      Dist.: Dakshin Dinajpur 733158, Ph- 8972164112

4.   The Managing Director

      Rose Valley Corporate Office,

      Godrej Water Site, Tower-I, 2^nd Floor, Plot -5

      Block -DP Sector-V, Salt Lake ,

      Kolkata – 700 091, Ph-033 40254025 ……..……Opposite Parties

Ld. Advocate(s):

For complainant          ………………  - In person

For OP Nos. 1 & 2      ………………  - Shri Subrata Sarkar

For OP Nos. 3 & 4      ………………  - None (Ex-parte)

Date of Filing                                       : 29.05.2015

Date of Disposal                                 : 29.01.2016

                                                                                                Contd…P/2

Judgment & Order  dt. 29.01.2016

            This case is u/s 12 of C.P. Act, 1986.

            Fact of the case in brief is that the complainant invested an amount of Rs.50,000/- in fixed deposit (F.D.) and it was assured by the OPs that the maturity sum of Rs.1,00,000/- would be paid after the maturity period i.e. 5 years 10 months. After disclosure of irregularities in respect of Sharada Finance Company the complainant went at the office of the OPs 1 & 2 and requested for pre-maturity payment to which the OPs assured the complainant that they will pay amount and he need not have to worry.

            After the maturity period the complainant deposited all the relevant papers in the branch office of Rose Valley at Gangarampur and from the said office it was assured to the complainant that within the month of December, 2014, the amount will be disbursed. But in spite of waiting for 2 (two) months the amount was not disbursed in favour of the complainant. Thereafter the complainant sent several letters demanding the amount but no reply was given.

            Being aggrieved by the conduct of the OPs complainant had no other alternative but to file this case before this Forum. On the basis of the said fact that the complainant has prayed for matured sum as well as damage totalling Rs.3,85,000/-.

            OP No. 1 & 2 contested the case by filing a written statement whereby the OPs denied all the materials allegations of the complaint. It was stated that this Forum has no jurisdiction to entertain the case and the complaint doest not fall within section 2 (1) of C.P. Act, 1986. The OPs stated that the complainant has paid installment as part payment and the earnest money for provisional allotment of plot of land for residential / commercial unit by way of one time installment application

amount of Rs.50,000/- only as offered by Rose Valley Real Estates & Construction Limited and cancellation amount payable Rs.1,00,000/- only with credit value.

            The complainant also gave a written declaration that he has applied for residential / commercial unit and he also declared that he read and understood the terms & conditions mentioned in the brochure and nothing was concealed therein. In the said declaration it was mentioned that in case of dispute the arbitration procedure is to be followed and the arbitrator will be the final authority.

            In the view of the facts and circumstances of the above case the OPs prayed for dismissal of the case.  

On the basis of the pleadings of the respective parties following points are to be determined :-

1. Is the case maintainable?
2. Whether the complainant paid Rs. 50,000/- to the OPs?
3. Whether the OPs denied to pay the matured sum of Rs.1,00,000/- to the complainant?

4. Is the complainant entitled to get relief as prayed for?

DECISION  WITH  REASONS

            All the points are taken together for the sake of brevity and avoidance of repetition of facts.

            The complainant in the written argument stated that before filing the complaint the complainant had met the OPs on numerous occasions and being baffled to get any relief the complainant had to file this case before this Forum. The complainant earlier filed a case against the OPs and this Forum earlier disposed of the case in favour of the complainant. Since, the OPs failed to honour the agreement between the parties to return the matured amount of Rs.1,00,000/- as such the complainant has prayed for an order for return of the amount as well as compensation.

            The OPs though in the written statement stated that this Forum has no jurisdiction to entertain the case and the complainant did not file any document to show that the complainant invested money in the Rose Valley Real Estates & Construction Limited. Though some xerox documents have been filed but there is no mention the name of the complainant that he was a party to the said agreement. In view of the said fact that as per section 3 of C.P. Act, 1986, this Forum has jurisdiction to entertain the case as filed by the complainant.

            So far as the documents produced by the complainant at appears that Rs.50,000/- was deposited to the OPs and an acknowledgement receipt was filed to that effect and it is also admitted that after maturity period of 5 years 10 months the matured amount of Rs.1,00,000/- was not paid to the complainant. Therefore, we hold that the complainant will be entitled to get Rs.1,00,000/- from the OP No. 1 & 2 and also entitled to get interest @ 9% p.a. from the date of maturity on the sum of Rs.1,00,000/- and the complainant will also get compensation of Rs.5,000/- for mental agony.

            Thus, all the points are disposed of in favour of the complainant.

            Hence, it is

                                                                O R D E R E D

            that the instant petition of complaint CC No.31/2015 is allowed on contest against the OP No. 1 & 2 and ex-parte against the OP No. 3 & 4.

            The OP No. 1 & 2 are directed to pay the sum of Rs.1,00,000/- (Rupees One lakh) only plus interest @ 9% p.a. from the date of maturity i.e. 20.09.2014 and also to pay damage of Rs. 5,000/- within 60 (sixty) days from this day, failing which the complainant will also be entitled to get @ 8% p.a. interest upon the total amount including the matured sum, interest and damage of Rs.5,000/- till the realization of the said amount.

            Let the copy of this order be handed over to the parties, for compliance of this order, free of cost.

            Dictated & corrected

            ………….….…….                                                      

            (S. N. Chatterjee)                                                       

                President                                                                

            We concur,

            ………....……                                                 ………….……..

              (S. Saha)                                                            (S. Ganguli) 

               Member                                                                Member

1. Date when free copy was issued                         ……………………
2. Date of application for certified copy       ……………………
3. Date when copy was made ready            ……………………
4. Date of delivery                                        ……………………

FREE COPY [Reg. 18(6)]

1. Mode of dispatch                                ……………………
2. Date of dispatch                                  ……………………

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