DATE OF FILING : 05-08-2014.
DATE OF S/R : 05-09-2014.
DATE OF FINAL ORDER : 16-04-2015.
Aziza Khatun,
wife of Ashaf Ali Mullick,
residing at South Panchla, Panchla,
District Howrah,
PIN 711322, for self and the constituted attorney of the
complainant nos. 2 to 10.
- Kalyani Chowdhury,
wife of Biswajit Chowdhury,
residing at Chunavati, P.S. Sankrail,
District Howrah,
Pin 711322.
- Kadirun Begum,
wife of Sk. Hafijur,
residing at Panchla Khalpar, Panchla,
District Howrah,
PIN 711322.
- Rokeya Begum,
wife of late Abdur Rahaman Molla,
residing at Chara Panchla, Panchla,
District Howrah,
PIN 711322.
- Sulekha Panja,
wife of Naba Kumar Panja,
residing at South Panchla, Panchla,
District Howrah,
PIN 711322.
- Sk. Mahinur,
son of late Sk. Jabbar,
residing at South Panchla Badamtala, Panchla,
District Howrah,
PIN 711322.
- Arati Das,
wife of Nirapada Das,
residing at Milki Panchla,
District Howrah,
PIN 711322.
- Monjur Alam Mullick,
son of Ashraf Ali Mullick,
residing at South Panchla Talsari, Panchla,
District Howrah,
PIN 711322.
- Sekh Hatem Ali,
son of late Sk. Taher Ali,
residing at South Panchla ( Talsari ), Panchla,
District Howrah,
PIN 711322.
- Shrabani Ray,
wife of Amar Ray,
residing at Village & P.O. G. Bati, Panchla,
District Howrah,
PIN 711322. ……………………………………………… COMPLAINANTS.
Versus -
1. VIVA Tourism Development Limited,
popularly known as Viva Consultancy Services,
having its corporate office at Nigam Centre, 4th floor,
room no. 409, 155 Lenin Sarani,
Kolkata 700013.
2. Branch Office
at Biki Hakola, Ranihati,
P.S., Panchla, Howrah.
Howrah 711322.
3. The Chairman
viz. Sk. Samim Akter,
son of Sk. Siddik Ali, Village Uttar Kotbar,
P.O. Bhagabanpur, P.S. Bazkul,
District Purba Medinipur,
PIN 721626.
4. The Vice Chairman.
Satyen Barmen,
residing at village Kachlagar, P.O. Bhagabanpur,
P.S. Bazkul, District Purba Medinipur,
PIN 721626.
5. The Managing Director viz. Sk. Jamir Iqbal,
son of Sk. Jaidul Islam of village & P.O. Sabalsinghapur,
P.S. Khanakul, Dstrict Hooghly,
PIN 712717.
6. Regional Manager,
viz. Sk. Kasem Ali,
residing at Gabbaria Sk Para, P.O. Gabberia,
P.S. Panchla, District Howrah,
PIN 711322.. …………………………………………OPPOSITE PARTIES.
P R E S E N T
Member : Smt. Jhumki Saha.
Member : Shri Subrata Sarker.
F I N A L O R D E R
- Complainants ten 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 amounts of the schemes, namely Fixed Deposit, 100 days Scheme ( Daily ), M.I.S., Recurring deposits being Rs.6,10,900/-, 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, 100 days Scheme ( Daily ), M.I.S., Recurring deposits scheme issued by the o.ps., on different dates vide Annexures collectively. Their certificate nos. are as follows :
Aziza KhatunFixed Deposit Certificate nos. 47709, 42467, 74556, 49315,
M.I.S. 34269.
- Kalyani ChowdhuryFixed Deposit Certificate no. 63009.
- Kadirun BegumRecurringDeposit Certificate nos. 73466, 40454.
- Rokeya BegumRecurringDeposit Certificate no. 57417,
M.I.S. 52198.
- Sulekha PanjaRecurringDeposit Certificate no. 43534,
100 days Scheme ( Daily ) Certificate no. 74552,
- Sk. MahinurFixed Deposit Certificate no. 39156.
- Arati DasFixed Deposit Certificate no. 40415.
- Monjur Alam Mullick Fixed Deposit Certificate nos. 42400, 70632.
- Sekh Hatem AliFixed Deposit Certificate no. 44973.
- Shrabani Ray RecurringDeposit Certificate no. 35709.
3. O.Ps. promised to pay the maturity amount of investment made by the complainants on different dates in different schemes. But it is alleged by the complainants that o.ps. have not paid the maturity amount to the complainants even after the expiry of the due dates without any valid reason. Complainants repeatedly went to the office of o.ps. but on different pleas they have returned the complainants without giving their maturity amount. It is further stated by the complainants that with the maturity amounts of the investments, they are to run their livelihood, meet medical expenditure, children’s education etc. which are really at stake. So, finding no other alternative, complainants filed this instant petition praying for the aforesaid relief.
4. Notices were served. The o.p. nos. 5 & 6 appeared and filed written version and the rest of the o.ps. remained absent without filing any written version. Accordingly, case was heard on contest against o.p. nos. 5 & 6 and ex parte against the rest.
Upon pleadings of both parties 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 written version filed by o.p. nos. 5 & 6 and noted its contents. It is a fact that complainants invested in the o.ps. company and o.ps. have failed to pay the maturity amount to the complainants for which complainants felt tremendous monetary problem. 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, complainant made those investments foreseeing their future needs. If that criteria is not fulfilled due to o.ps.’ severe negligence, complainant is, thereby, truly prejudiced which can be very well understood by a man of common prudence. Moreover, some of the o.ps. have not even cared 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. But we are to keep in mind that at the time of receiving the fund from the complainants they were very much attached with the company. So they cannot shrug off their liability and responsibility towards the complainants. 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. 429 of 2014 ( HDF 429 of 2014 ) be allowed on contest with costs against the O.P. nos. 5 & 6 and ex parte with costs against the rest.
That the O.Ps. are directed jointly and severally to pay the maturity amount as well as principal amounts of all investments made by the complainants of this instant petition with respect to Fixed Deposit, 100 days Scheme ( Daily ), M.I.S., Recurring deposits in question within one month from this order i.d., 9% p.a. interest shall be charged till actual payment.
The complainants do get an award Rs. 10,000/- as compensation and Rs. 3,000/- as litigation cost and o.ps. are directed to pay the same within one month from this order i.d. amount shall carry an interest @ 9% p.a. 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.
