DATE OF FILING                    :     30-07-2014.

DATE OF S/R                            :      10-03-2014.

DATE OF FINAL ORDER      :     11-08-2014.  

Netai Chand Das,

Smt. Rakhi Das,

44/2, Buxarah Village  Road, P.O. Buxarah,

District – Howrah,

PIN – 711110. ------------------------------------------------------------------  COMPLAINANT.

-          Versus   -

Weird Industries  Limited,

head office at ‘Bhagyalaxmi Building’

Howrah Amta  Road, Dasnagar,

Howrah – 711105.-------------------------------------------------------------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

1.                  Complainant, Netai  Chand Das, by filing a petition U/S 12 of the C .P. Act,

1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. to refund  amount of Rs. 5,00,000/- , to pay Rs. 5,00,000/- as compensation and Rs. 10,000/- as litigation costs along  with other relief or reliefs as the  Forum may deem fit and proper. 

2.               Brief fact of the case is that complainant made  investments  through three debe- nture certificates  with a view to maintain his livelihood and save some money for his daughter’s  marriage  which  are  as follows :

i)                    Certificate No. RISD-01630863 of Rs. 1,00,000/-.

ii)                  Certificate No. RISD-01632187 of Rs. 2,00,000/-.

iii)                Certificate No. RISD-01604419 of Rs. 2,00,000/-.

3.                  O.p. promised to pay the interest to the complainant on three certificates @

15.50% p.a. The date of  redemption of those  certificates were on 15-02-2014,  18-06-2014  and is on 26-08-2014.   Complainant received Rs. 3,78,000/- from o.p. as interest but from  July, 2013, o.p. had completely stopped the interest payment against the certificates.  It is further stated by the complainant that due to this non action and gross negligence on the part of the o.p., complainant has  been compelled to face tremendous problem due to scarcity of money with which he was   supposed to meet  his   day to day expenditure, medical expenditure, children’s education etc. which are really at stake. So, finding no other alternative, complainant  filed this instant  petition praying for the aforesaid relief.

4.                  Notices were served. O.p. neither    appeared  nor filed any   written version.

Accordingly, case was heard ex parte.

5.               Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

ii)                  Whether the complainant is   entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

6.               Both the points are  taken up together for consideration. We have carefully gone through the complaint petition along with annexures filed by the complainants and noted its contents. 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 their promise which they made on the face of the certificates issued by them in favour of   complainant. 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.p.’s  severe negligence, complainant is, 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 complainant.   O.p. has 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. 74  of 2014 ( HDF 74 of 2014 )  be  allowed ex parte  with  costs  against  the O.P. 

      That the  O.P.  is  directed   to pay the deposited amount of 5,00,000/- with upto date  interest 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 complainant do get an award of Rs. 2,000/- 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 complainant is  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.