West Bengal

Siliguri

CC/15/70

SRI SANJIB CHAKRABORTY - Complainant(s)

Versus

VIBGYOR GOLD LTD. - Opp.Party(s)

M.K.CHAKROBORTY

29 Apr 2016

ORDER

District Consumer Disputes Redressal Forum, Siliguri
Kshudiram Basu Bipanan Kendra (2nd Floor)
H. C. Road, P.O. and P.S. Prodhan Nagar,
Dist. Darjeeling.
 
Complaint Case No. CC/15/70
 
1. SRI SANJIB CHAKRABORTY
S/O LATE CHITTA RAJAN CHAKRABORTY,BHARAT NAGAR,NEAR 27 NO. RATION SHOP,P.O. RABINDRA SARANI,P.S. SILIGURI,DIST. DARJEELING,734006.
...........Complainant(s)
Versus
1. VIBGYOR GOLD LTD.
HAVING ITS REGISTERED OFFICE AT SATYAM BUILDING,6TH FLOOR,46D RAFI AHMED ROAD, KOLKATA 700116 .
2. VIBGYOR GOLD LTD.
HEAD OFFICE AT VIBGYOR TOWER,87,SURESH SANKAR ROAD,KOLKATA,700014.
3. VIBGYOR GOLD LIMITED
BRANCH OFFICE AT RADHA APARTMENT,BLOCK B , 3RD FLOOR, ISKON MANDIR ROAD,P.O. SILIGURI 2, P.S. BHAKTINAGAR.
JALPAIGURI
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE BISWANATH DE PRESIDENT
 HON'BLE MRS. PRATITI BHATTACHARYYA MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

Consumer Case No.70/S/2015

 

Order No.10

Dt.29.04.16.                Complainant deposited Rs.44,000/- on cumulative term deposit at interest rate 12.5 % per annum on 09/05/2014.  Interest payable 3 months later.  OP used payment voucher post dated amounting 11 nos. of voucher.  Complainant got 1st voucher checked.  But complainant did not get payment of others vouchers.  The OP failed to do some act for which complainant failed to encash his payment.  The complainant is a patient and has been in need of money to purchase medicine etc.  So, he has come forward before this Forum claiming redressal as per law.  Relevant documents have been filed (Xerox).

This case has been heard ex-parte.

Complainant has filed some document mainly Fixed Deposit Receipt and some cheques.

There is no reason to disbelieve the contention of the complainant as OP did not dare to face the trail. 

Accordingly, the case succeeds exparte.

Therefore, the complainant is entitled to get relief as per prayer.

Hence, it is

                    O R D E R E D 

that the Consumer Case No.70/S/2015 is allowed exparte against the OP with cost.

The complainant is entitled to get Rs.44,000/- which he invested in the OP Company. 

The complainant is further entitled to get compensation of Rs.20,000/- for harassment and loss for not to payment in due time.

The complainant is further entitled to get 5,000/- towards litigation cost. 

The OPs, who are jointly and severally liable, are directed to pay Rs.44,000/- by issuing an Account payee cheque in the name of the complainant which the complainant invested on the OP Company, within 45 days of this order. 

The OPs, who are jointly and severally liable, are further directed to pay Rs.20,000/- by issuing an Account payee cheque in the name of the complainant towards compensation for

 

Contd…..P/2

-:2:-

 

 

harassment and loss for not to payment in due time, within 45 days of this order.

The OPs, who are jointly and severally liable, are further directed to pay Rs.5,000/- by issuing an Account payee cheque in the name of the complainant for litigation cost, within 45 days of this order. 

In case of default of payment, the complainant is entitled to get interest @ 9% per annum on the awarded sum of Rs.64,000/- from the date of filing of this case till full realization. 

In case of default, the complainant is at liberty to execute this order through this Forum as per law. 

Copies of this judgment be supplied to the parties free of cost.

 

 

 -Member-                                              -President-

 

 

 

 

    

 

 
 
[HON'BLE MR. JUSTICE BISWANATH DE]
PRESIDENT
 
[HON'BLE MRS. PRATITI BHATTACHARYYA]
MEMBER

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