Hon’ble Mr. Ajyea Matilal, PresidingMember

Ld. Counsel appearing for the Appellant is present.

Ld. Counsel appearing for Respondent Nos.1 to 52 is present.

Respondent No.55 is present in person.

Being aggrieved by and dissatisfied with Judgment dated 04.08.2016 passed by Unit-II allowing the CC/487/2015 ex-parte against the Opposite Parties with direction upon the Opposite Parties to pay jointly and severally  a sum of Rs.9,94,300/- (Rupees Nine Lac ninety four thousand & three hundred) only along with interest @ 9% p.a. and awarding Rs.1,00,000/- (Rupees One Lac) only for unfair trade practice and 10,000/- (Rupees Ten thousand) only for litigation cost, the Appellant being Opposite Party No.4 preferred this Appeal.

Heard the submission of all concerned including Respondent No.55/Opposite Party No.3.

It appears that the Respondent preferred the Appeal being No. A/464/2017.

It appears that the aforesaid order was dismissed being barred by law of limitation. The Appeal was preferred against the Judgment of DCDRC, Kolkata, Unit-II against the main Judgment filed by Respondent No.55.

Heard the Ld. Counsels Concerned both sides.

Considered.

It appears from the Order portion of the Judgment:-

“That the instant case be and the same is allowed ex parte against the OPs.

OPs are directed to jointly and severally to pay a sum of Rs.9,94,300/- to the complainants in terms of their deposited amount with the OPs along with interest @9% p.a. from their respective date of deposits till compliance within one month henceforth.”

OPs are further directed to pay an amount of Rs.1 lakh for unfair trade practice, harassment, mental agony unto the complainants apart from litigation cost of Rs.10,000/- within the said stipulated period.

In case of non-compliance of the order the complainants will be at liberty to put the order into execution u/s.25 read with Section 27 of the C.P. Act.”

But the fact remains that the Appeal preferred by the aforesaid Opposite Party No.4 was dismissed which we have discussed earlier.

So, we find the merit in the Appeal.

Hence,

It is

ORDERED

The Appeal is allowed in part.

Opposite Party Nos.1, 2 & 3 are jointly and severally directed to pay a sum of compensation of Rs.9,94,300/- (Rupees Nine Lac ninety four thousand & three hundred) only to the Complainant in terms of the deposited amount with Opposite Parties with an interest @9% p.a. from their respective date of deposit till the compliance of order within one month henceforth to the aforesaid Opposite Party Nos.1, 2 & 3.

Opposite Parties are also directed to pay to the amount of Rs.1,00,000/-(Rupees One Lac) only with unfair trade of practice, harassment, mental agony unto the Complainants apart from litigation cost of Rs.10,000/ (Rupees Ten thousand) only within the stipulated period.

Accordingly, Appeal is allowed.

The impugned order is modified to that extent.

Order of stay in connection with the Appeal stands vacated.

Let copy of this order be sent to the parties free of cost.

Thus, the Appeal being No.645/2017 stands disposed of.

Note accordingly.