Judgment : Dt.4.1.2018
Mrs. Balaka Chatterjee, Member
This petition of complaint is filed by one Shri Sankar Narayan Chakroborty alleging deficiency in service on the part of Vibgyor Gold Ltd. The complaint, as stated in the petition of complaint, is that he filed an application being No.062605 to the Respondent Company for a recurring deposit of Rs.1,000/- p.m. vide which the latter undertook to repay an amount to the extent of Rs.28,000/-. The Complainant further stated that on the date of maturity, he attended the office of the OP, but did not get the same, instead got a slip on behalf of the company with a direction “to attend office after 90 days”. It is further contended in the petition of complaint that he had paid 24 installments @ Rs.1,000/- per month to the Company and therefore, was entitled to get the full maturity amount of Rs.28,000/-. But, since the OP did not pay the said amount to him within the stipulated time, it caused harassment to him since 29-06-2014, viz., the date of claim, so the OP is liable to pay Rs.40,000/-. Accordingly, the Complainant has prayed for direction upon the OP to pay the maturity amount of Rs.28,000/- with accrued interest and to pay a compensation of Rs.40,000/- for causing harassment for the last 26 months after due date of maturity.
In spite of service of notice through paper publication on 07.05.2016 in a well circulated newspaper, the OP did not turn up. So, the case was proceeded ex-parte against the OP.
The Complainant has adduced affidavit-in-chief, annexing therewith a letter of allotment, a receipt of a newspaper publication toward the expenses incurred by the Complainant for publication of notice, a letter dated 05.06.2015 from the Complainant to the Managing Director of the OP.
In course of hearing, the Complainant has narrated the facts as described in the petition of complaint.
Decision with reasons
On perusal of documents, it appears that the affidavit-in-chief filed by the Complainant in respect of RBT/CC/96/2016 runs as – “I, Shri Sankar Narayan Chakraborti, son of late B.M. Chakraborty, by occupation – Practising Advocate, residing a 14A, Thakur Bari Road, P.P. Tollygunge, Kolkata-700 026 do hereby submit my Written Version, which are as follows :-
1.. That I state that Opp.Party Company deputed some Agents to procure some investments and accordingly on their request I have filed an application on 282.12.2811 and accordingly deposited a sum of Rs.50,000/- was made for for 2 years and granted a Certificate stating that on the dxpiry of 2 years and on the date of maturity I am entitled to get Rs.75,000/- and/or indicating that the amount, being the amount has to be paid redeeming a security and/or undertaking to pay Rs.75,000/- and issued a certificate accordingly.
The said Certificate is annexed hereto and
Marked with the letter “A”.
2.. I also state that immediately after the date of maturity in anticipation of getting payment had to attend office but the Opposite Party and the Board of Directors of the Company for not releasing payment on the ground of alleged financial stringency.
3.. I also state that I, being as Consumer, is entitled to get protection of full matured amount with accrued interest and delay caused with the intention of cheating and conspiracy for self and on behalf of Board of Directors of the O.P. Co.
4.. I state further/that I have further served legal notice stating that the O.P. Co. has made all sorts of false statements as the O.P. Company has the habitual insanity with motivated intention for making false statements to redeem the O.F.C.D.s (obtained fully collected from the Subscribers) with interest of 15% interest per annum till the date of May 31, 2012.
As you have made no payment of single furthing and further by this legal Notice dated 5.6.2015 requested the O.P. Company to make payment to the petitioner within 7 days and since then no reply has been received which proves no single payment was made whereas made false statements that all sorts of payment was made before the SEBI.
A copy of which is made as Annexure “B”.
5.. Moreover the learned Forum sent Notice which was returned and gthe petitioner prayed for Paper Publication and so your petitioner is entitled to the cost of paper publication.
6.. I also submit that the questionable acts and conducts of withholding money for the matured interest commited the crime of cheating and conspiracy for self and on behalf of all Directors and with that common intention that O.P. Company and its Board of Directors are liable for all of costs and consequences.
Hence the petitioner prays :
- Principal Amount Rs.75,000/-
- Interest 15% p.a. for 30 months Rs.28,125/-
- Advertisement Cost published Rs. 4,917/-
- Costs and Damages Rs. 5,000/-
Rs.1,13,042/-
7.. The statements made above are true to my knowledge.”
The Complainant has stated that he filed an application on 28-12-2011 and deposited an amount of Rs.50,000/- for 2 years and obtained a certificate which certified that after expiry of two years, the Complainant would be entitled to get Rs.75,000/-. It is further contended in the affidavit-in-chief that the OP id not pay a single farthing to the Complainant for which he served a legal notice dated 05-06-2015 upon the OP requesting it to make payment to the petitioner within seven days, but no reply has been received from the OP’s end. Hence, the Complainant filed the case praying for direction upon the OP to pay to the Complainant towards –
- Principal amount …Rs.75,000/-
- Interest @ 15% p.a. for 30 months … Rs.28,125/-
- Advertisement cost for publication of notice … Rs. 4,917/-
- Costs and damages … Rs. 5,000/-
T O T A L … Rs.1,13,042/-
It further appears from the letter of allotment that the OP allotted the Complainant OFCD, the redemption value of which is Rs.75,000/-. These two documents evidently show that the Complainant’s claim regarding investment to a recurring scheme is not true. As per petition of complaint, the Complainant is stated to have invested Rs.24,000/- in a recurring scheme launched by the OP, but in the affidavit-in-chief, the Complainant stated on oath that he had invested Rs.50,000/- with the OP company, the maturity value of which was assured as Rs.75,000/-. It is also evident from the record that the prayer for relief, as made in the affidavit-in-chief, are strikingly different from the one as made in the petition of complaint. The allotment letter is not in accordance with the description of the same made in the petition of complaint.
Considering the foregoing state of affairs, we are of opinion that the allegation, as made by the Complainant, is not genuine in nature and the same is liable to be dismissed.
Hence,
ordered
That RBT/CC/96/2016 and the same is dismissed ex-parte without costs.
