DATE OF FILING : 08-05-2015.
DATE OF S/R : 22-07-2015.
DATE OF FINAL ORDER : 22-09-2015.
- Nazeen Hoda,
Daughter of Nurul Hoda,
residing at 46/1/H/11, Gorachnad Road, Beniapukur,
Kolkata 700014.
- Afsana Khatun,
daughter of Nurul Hoda,
residing at 46/1/H/11,Gorachand Road, Beniapukur,
Kolkata 700014.
- Md. Asif,
son of Nurul Hoda,
residing at 46/1/H/11, Gorachand Road, Beniapukur,
Kolkata 700014. …………………………………………….. COMPLAINANTS.
1. VIVA Tourism Development Limited,
also known as VIVA Realcon Ltd.,
Viva Gem and Jewellery, having its corporate office at Nigam Centre,
4th floor, Room No. 409,
155 Lenin Sarani, Kolkata 700013.
2. Branch Office
at Dey Bhaban, opposite Rup Chabi Cinema Hall,
Domjur Mansatala, village & P.O. & P.S. Domjur,
PIN 711405
being represented by its Chairman
viz. Sk. Samim Aktar,
son of Sk. Siddik Ali,
village Coatbar, P.O. Uttar Coatbar, P.S. Bhaganpur,
District Purbamedinipur,
Managing Director,
Viz. Sk. Jamir Iqbal,
Son of Sk. Jaidul Islam, village & P.O. Sabaljinahpur, P.S. Khanakul,
District Hooghly,
PIN 712717.………………………………………………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
- Complainants three in numbers by filing a petition U/S 12 of the C.P. Act, 1986 ( as amended up to date ) have prayed for a direction to be given upon the o.ps. to pay them the entire deposited and maturity amounts of the Fixed Deposit being Rs. 2,15,000/-, to pay an amount of Rs. 1,00,000/- in total as compensation for causing mental agony and harassment and litigation costs of Rs.10,000/- along with other orders as the Forum may deem fit and proper.
- Brief fact of the case is that complainants made investments in Fixed Deposit issued by the o.ps., on different dates vide Annexures collectively. Their certificate nos. are as follows :
1. Nazeen Hoda Fixed Deposit Certificate nos. 113141, 101836, 108167.
2. Afsana Khatun Fixed Deposit Certificate no. 113133.
3. Md. Asif Fixed Deposit Certificate no. 144937.
3. O.Ps.promised to pay the maturity amount of investment to the complainant no. 1 for the certificate no. 113141 on duedate being 11.10.2014.But it is alleged by the complainants that o.ps. have not paid the maturity amountto the complainantssinceOctober, 2014even after the expiry ofthe due date without any valid reason.Complainantsrepeatedly went to the office of o.ps., lastly inNovember, 2014but on different pleas they have returned the complainantswithout giving thematurity amount.It is further stated by the complainants that with the maturity amounts of the investments, they aretorun theirlivelihood, meetmedical expenditure, children’s education etc. which are really at stake. As the maturity amount of one certificate was not given to the complainant no. 1, all the complainants became afraid of getting back their deposited amount in future. So, being frustrated and finding no other alternative, complainantsfiled this instant petition praying for the aforesaid relief.
4. Notices were served. They neither appeared nor filed any written version. Accordingly, case was heard ex parte against o.ps.
- Two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainants are 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 and the Annexures filed by the complainants in support of their contention. It is a fact that complainants invested in the o.ps. company and o.ps. have failed to pay the maturity amount to the complainant for which all the complainants felt insecured. Complainants lost all their faiths on the o.ps. and they became very much doubtful about their future benefit. Because, people invest their hard earned money in a reputed company to get the ultimate benefit at their need. O.ps. have miserably failed to keep promise which they made on the face of the certificates issued by them in favour of complainants. For their gross negligence in discharging duties, complainants had to suffer a lot for the crying need of money. Sacrificing many present enjoyments involving monetary expenditure, complainants made those investments foreseeing their future needs. If that criteria is not fulfilled due to o.ps.’ severe negligence, complainants are, thereby, truly prejudiced which can be very well understood by a man of common prudence. Moreover, the o.ps. have not even care 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 against them. O.ps. have 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 complainants should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 205 of 2014 ( HDF 205 of 2014 ) be allowed ex parte with costs against the O.Ps.
That the O.Ps. are directed jointly and severally to pay either the maturity amount or the principal amounts, whichever is applicable of all investments made by the complainants of this instant petition with respect to Fixed Deposit in question within one month from this order i.d., 9% p.a. interest shall be charged till actual payment.
No order as to compensation.
That the o.ps. are further directed to pay Rs. 3,000/- as litigation costs to the complainant within one month from this order i.d., 9% p.a. interest shall be charged till actual payment.
The complainants are 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.
