West Bengal

Paschim Midnapore

CC/39/2017

Himadri Sekhar Kar - Complainant(s)

Versus

The Director, Alchemist Infra Realty Ltd. - Opp.Party(s)

Subal Chakraborty

29 Jun 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

Sagarika Sarkar, Member. 

and 

Pulak Kumar Singha, Member.

 

Complaint Case No.39/2017

 

             Himadri Sekhar Kar,  S/o Late Chandra Sekhar Kar, Shib Bazar, Mallick Chawk, District –

           Medinipur. West Bengal, PIN-721101…………..………..……Complainant.

                                                                              Vs.

1. The Director, Alchemist Infra Realty Ltd., 18, Ground Floor, OMAXE Square, Jasola, District Centre, New Delhi, PIN-110025,
2. Branch Manager, Alchemist Ltd. Medinipur, Sepoy Bazar, Medinipur Town, P.S. Kotwali, Post Medinipur, District Medinipur (W), PIN-721101,

                                                    

              For the Complainant: Mr.  Subal Chakraborty, Advocate.

              For the O.P.           : Mr.

 

Decided on: - 29/06/2017

                               

ORDER

                          Bibekananda Pramanik, President – Complainant Himadri Sekhar Kar    has filed this present complaint u/s 12 of the C.P. Act 1986, thereby alleging deficiency in service against the O.Ps namely  the Director, Alchemist Infra Realty Ltd., Branch Manager, Alchemist Ltd. and the Regional Manager, Alchemist Ltd.

 

Contd…………………..P/2

 

( 2 )

 

 Facts of the case, in brief, is that the complainant has invested a sum of

        Rs.2,50,000/- on 25/03/2013  with the O.P. no.1 through the O.P. no.2 for the period of three  

       years in monthly savings schemes (MIS) and he was allotted certificate of property vide allotment no.RX00039977 dated 15/04/2013 and the date of maturity was on 25/03/2016.   From such investment monthly payment advices  of Rs.2,500/- was issued by O.P. no.1 amongst which the payment advice for 25/08/2015 to 25/01/2016 total amounting to Rs.15,000/- was unpaid  for want of fund.  After the maturity,  the total outstanding comes to Rs.2,50,000/- plus  Rs.15,000/- i.e.Rs. 2,65,000/.  The complainant demanded the maturity amount from the O.Ps by depositing original certificate and other requisite documents with the O.P. no.2 well within time but the O.Ps totally kept silent regarding disbursement of the maturity amount to the complainant.  Therefore the complainant served a demand notice through his advocate vide notice dated 18/01/2017 thereby asking the O.Ps to pay the said sum within 30 days from the date of receiving of the notice.  Even after expiry of 30 days, nothing has been paid by the O.Ps to the complainant thereby causing financial loss and mental agony to the complainant.  Hence the complaint,  praying for directing the O.Ps to pay a sum of Rs.2,65,000/- along with interest @ 10% p.a. from the date of maturity, an award of compensation of Rs.30,000/- for mental agony and an amount of Rs.10,000/- as litigation cost.

            It is to be stated here that on prayer of the complainant, the name of O.P. no.3 was expunged from the cause title of the petition of complaint vide order no.4 dated 08/05/2017.  Notice of this case upon O.P. no.1 was duly served and O.P. no.2 refused to receive the notice, so sent by registered post, which amounts to due service of summons.  In spite of service of summons,  neither the O.P. no.1 nor the O.P. no.2 appeared in this case.  Hence the case was ordered to be heard ex parte against the O.P. nos.1 & 2.  Hence, the ex parte hearing. 

                    To prove his case, the complainant has examined himself as PW-1 by tendering a written examination –in-chief and the documents, relied upon him, have been marked as exhibit 1 to 3 respectively.                 

 

                                                                 Point for decision

Has the complainant able to prove his case?

                   

Decision with reasons

In his written examination-in-chief supported by affidavit Sri Sasanka Sekhar Maity, the complainant ,has fully corroborated his  case of the petition of complaint in material particulars.  He deposed that he  has invested a sum of Rs.2,50,000/- on 25/03/2013 with the

 

Contd…………………..P/3

 

 

( 3 )

 

O.P. no.1 through O.P. no.2 for a period of three years in MIS scheme and he was also issued  a certificate vide no. RX00039977 dated 15/04/2013 and the date of maturity was on 25/03/2016.    He further deposed that even after the date of maturity,  the O.Ps. did not disburse the maturity amount to the complainant for which a legal demand notice was served vide letter dated 18/01/2017 to the O.Ps, thereby asking them to pay the maturity amount within 30 days.  Even after expiry of 30 days, nothing has been paid by the  O.ps.  Exhibit 1 to 3  clearly support the evidence of PW-1.  So in view of the evidence of PW-1 and the documentary evidence i.e. exhibit 1 & 3, remaining unchallenged, we are constrained to hold that the complainant’s case is proved and he is entitled to the reliefs as sought for.

                                                      Hence, it is,

                                                                       Ordered,

                                                                    that the complaint case no.39/2017  is allowed ex parte against the O.Ps.  O.P. nos.1 & 2 are directed to pay jointly or severely  a sum of Rs.2,65,000/- together with interest @ 10% p.a. from the date of maturity  i.e. on 25/03/2016 till realization to the complainant and they are further directed to pay the complainant a sum of Rs.5000/- as compensation and a sum of Rs.3000/- as litigation cost.  All such payments shall be made within 30 days from the date of this order.

                               Let plain copy of this order be given to the complainant  free of cost.

 

     

               President                          Member                        Member                                   President

                                                                                                                                          District Forum

                                                                                                                                      Paschim Medinipur