DATE OF FILING : 31-03-2014.
DATE OF S/R : 14-05-2014.
DATE OF FINAL ORDER : 29-12-2014.
1, Sri Bishweshwar Pradhan,
son of Sri Bhimchandra Pradhan,
residing at village Nachipur, P.O. Pamodarpur,
District Medinipur.
2. Biswajit Debnath,
son of late Lal Mohan Debnath,
residing at village Salappirdanga, P.O. Salap,
District Howrah,
3. Smt. Manju Mondal,
wife of late Sukanta Mondal,
village Salappirdanga, P.O. Salap,
District Howrah,
4. Sri Kamal Bera,
son of Sri Joydeb Bera,
residing at village Salappirdanga, P.O. Salap,
District Howrah.
5. Rupa Mondal,
son of Sri Sushil Mondal,
residing at village Salappirdanga, P.O. Salap,
District Howrah.
6. Amarendra Nath Khanra,
son of Lakshmi Kanta Khanra,
residing at village Salap Uttarpally, P.O. Salap, P.S. Domjur,
District Howrah.
7. Abhijit Biswas,
son of late Gunadhar Biswas,
residing at village Salappirdanga, P.O. Salap,
District Howrah.
8. Suvendu Sahukhan,
son of Dilip Sadhukhan,
residing at village Salappirdanga, P.O. Salap,
District Howrah.
9. Jayanta Naskar,
son of Utam Naskar,
residing at village Lakshmanpur, Naskarpara, P.S. Domjur,
District Howrah,
10. Mritynjay Dhara,
son of Lakshmikana Dhara,
residing at Salap Battala,
District Howrah.
11. Dipak Kumar Khan,
son of Mr. Khan, residing at Uttarkanaidanga, P.O. Bhogobotipur,
P.S. Chanditala, District Hooghly.
12. Sushanta Mondal,
son of Sri Prabhat Mondal,
residing at village Kandapasar, P.O. Chandipur,
District Medinipur.
13. Mangal Nayek,
son of Sanat Nayek,
residing at Tenuliya, Gopiballavapur,
District Medinipur,
14. Shyamapada Nayek,
son of Hena Nayek,
residing at Tentuliya, Gopiballavpur,
District Medinipur.
15. Shankar Panaigrahi,
son of Rajendra Nath Panigrahi,
residing at village Bhandubasan, J.L. No. 352, Nayaput, Kantai,
District Medinipur,
16. Chittaranjan De,
son of Harihar De,
residing at Baharampara, J.L. No. 98, Gangatikuri, Ketugram,
District Burdwan.
17. Swapan Kumar Dey,
Son of Hore Krishna Dey,
Residing at Part No. 182, Uttar Dum Dum,
District North 24 Parganas…...................................................COMPLAINANTS.
Versus -
WARIS FINANCE & INVESTMENT LTD.,
presently known as WARSI Producer Company Ltd.
having its its registered and head office at
13, Crooked Lane, Room no. G 4, Ground Floor,
Kolkata 700069,
represented by its Chairman Viz. Shane Ahmed Warsi,
son of Sri Kamal Ahmed, residing at H 23/1, Golam Abbas Lane,
Kolkata 700024, having its branch office at Balitikuri,
District Howrah,
PIN 711403. …...................................................................... OPPOSITE PARTY.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
- Complainants of 17 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.p. to refund Rs. 4,66,500/-, to pay Rs. 1,00,000/- as compensation and Rs. 20,000/- as litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainants madeinvestmentsin the schemes of monthly interest scheme, Fixed deposit scheme recurring deposits of o.p. The o.p.issued certificates vide Annexures collectively in favour of the complainants which areas follows :
1. Sri Bishweshwar Pradhan Monthly Recurring Deposit Certificate No. 0738034.
2. Biswajit Debnath Monthly Recurring Deposit Certificate No. 0756659.
,
3. Smt. Manju Mondal Monthly Recurring Deposit Certificate No. 0735324.
4. Sri Kamal Bera Monthly Recurring Deposit Certificate No. 0756158.
5. Rupa Mondal Monthly Recurring Deposit Certificate Nos. 0753876, 077736,
Fixed Deposit A/c. 0761916,
6. Amarendra Nath Khanra Monthly Recurring Deposit Certificate
Nos. 0772899, 0772952.
7. Abhijit Biswas Monthly Recurring Deposit Certificate No. 0772892,
Fixed Deposit A/c 0753889.
8. Suvendu Sahukhan Fixed Deposit A/C no. 0756680,
9. Jayanta Naskar Fixed Deposit A/c. no. 0783339.
10. Mritynjay Dhara Fixed Deposit A/c. no. 0804395.
11. Dipak Kumar Khan Fixed Deposit A/c. no. 0807884.
12. Sushanta Mondal Recurring Deposit Certificate No. 0701119, 0777729,
Fixed Deposit A/c. 0701109,
13. Mangal Nayek Recurring Deposit Certificate No. 0777722,
,
14. Shyamapada Nayek Recurring Deposit Certificate No. 0701124,
15. Shankar Panaigrahi Fixed Deposit A/c. no. 0701131,
16. Chittaranjan De M.I.S. A/c no. 0701148,
17. Swapan Kumar Dey M.I.S. Certificate No. 0788551.
- O.P.promised to pay the monthly interest on the due dates to some complainants and upto May, 2013 they paid the same regularly but since June, 2013 no monthly interest amount has been paid to those complainants, being nos 16 & 17. So they repeatedly went to the office of o.ps but on different pleas they have returned the complainants without giving their monthly interest amount. It is further stated by the other complainants that o.ps. have failed to pay the maturity amount also and due to this non action and gross negligence on the part of the o.p., complainants have been compelled to face tremendous problem due to scarcity of money with which they were supposed to meet their day to day expenditure, medical expenditure, children’s education etc. which are really at stake. And when complainants went to the office of the o.ps. in January, 2014 they saw the o.ps. have closed their branch office at Domjur, Howrah. So, finding no other alternative, complainants filed this instant petition praying for the aforesaid relief.
- Notice was served. O.p. neither appeared nor filed any written version.
Accordingly, case was heard ex parte.
- Two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
- Whether the complainants are entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points aretaken up together for consideration. We have carefully gone through the complaint petition along with annexures filed by the complainants and noted its contents. Complainants invested in the o.ps. company. It is a fact that o.ps. have failed to pay the monthly interest since June, 2013 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.p. has miserably failed to keep its promise which was made on the face of the certificates issued by them in favour ofcomplainants. 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.p. has not 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. And we have no difficulty to believe the unchallenged testimony of the complainants.O.ps. have miserably failedto keep promise which certainly amounts to deficiency inservice coupled with unfair trade practice on theirpart 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. 169 of 2014 ( HDF 169 of 2014 ) be allowed ex parte with costs against the O.P.
That the O.P. is directed to pay the principal amount as well as the maturity amount of all investments made by the complainants of this instant petition with upto date monthly due interest in terms of the certificates in question within one month from this order i.d., @ 10% p.a. interest shall be charged on the entire decreetal amount till actual payment.
No order as to compensation.
The complainants do get an award of Rs. 15,000/- as litigation cost and o.p. is directed to pay the same within one month from this order i.d. amount shall carry an interest @ 10% 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.
