DATE OF FILING : 09.01.2015.
DATE OF S/R : 23.03.2015.
DATE OF FINAL ORDER : 10.08.2015.
1. Samir Das,
son of Sri Shyam Sundar Das,
residing at 38/7, Khetra Mitra Lane, Salkia,
District Howrah,
PIN 711106.
2. Parama Bera,
daughter of Sri Bankim Bera,
residing at 4 no. Nandalal Mitra Lane, Salkia, Golbari,
District Howrah,
PIN 71106.
3. Ashok Das,
son of Baiohari Das,
residing at 273 R.N. Guha Road, Salkia,
District Howrah,
PIN 711106.
4. Sebabrat Saha,
son of Sri Brajoballava Saha,
residing at Saha Para, Asanson,
District Burdwan,
PIN 713303.
5. Sagar Das,
son of Shyam Sundar Das,
residing at village Chakchapad, Daspur,
District Paschim Midnapore.
6. Sudipa Das,
wife of Sri Niharkanti Das,
residing at 13/4, Kalbartta Para Lane, Salkia,
District Howrah,
PIN 711106.
7. Subha Sundar Ghosh,
son of late Kalidas Ghosh,
residing at 19/15, Hasna Bibi Lane, Salkia,
District Howrah,
PIN 711106.
8. Chanda Devi,
wife of Ram Ashis Lal,
residing at 15/1, Banerjee Bagan Lane, Salkia,
District Howrah,
PIN 711106.
9. Subrata Sen,
Son of late Haradhan Sen,
residing at 57, Kshetra Mitra Lane, Salkia,
District Howrah,
PIN 711106.
10. Ashim Kumar Bose,
son of late Anil Kumar Bose,
residing at 70, Upendra Mitra Lane, Salkia,
District Howrah,
PIN 711106. ………………………………………………… COMPLAINANTS.
1. Bhaskar Banerjee,
son of Sri Biswanath Banerjee,
65/10, Green Park, Tentul Tala Lane, Mankundu, P.S. Bhaddeswar,
District Hooghly, PIN 712139,
Managing Director,
Millennium Infra Projects Ltd.,
MIPL Comotrade Industries Ltd.,
MIPL AGRO India Ltd.,
having its Admin. Office at 40A, Bokol Bagan Road,
Kolkata 700025, and branch office at
20, Dobson Road, P.O. Salkia, P.S. Golabari,
District Howrah,
PIN 711101.
2. Moumita Banerjee,
wife of Sri Bhaskar Banerjee,
of 65/10, Green Park, Tentul Tala Lane, Mankundu, P.S. Bhaddeswar,
District Hooghly, PIN 712139,
The Director,
Millennium Infra Projects Ltd.,
MIPL Comotrade Industries Ltd.,
MIPL AGRO India Ltd.,
having its Admin. Office at 40A, Bokol Bagan Road,
Kolkata 700025, and branch office at
20, Dobson Road, P.O. Salkia, P.S. Golabari,
District Howrah,
PIN 711101.
3. Biswanath Banerjee,
son of late Ashutosh Banerjee, of 65/10, Green Park,
Tentul Tala Lane, Mankundu, P.S. Bhaddeswar,
District Hooghly, PIN 712139,
The Director,
Millennium Infra Projects Ltd.,
MIPL Comotrade Industries Ltd.,
MIPL AGRO India Ltd.,
having its Admin. Office at 40A, Bokol Bagan Road,
Kolkata 700025, and branch office at
20, Dobson Road, P.O. Salkia, P.S. Golabari,
District Howrah,
PIN 711101.………………………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak .
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioners, Samir Das and nine others, praying for direction upon the o.ps. namely Bhaskar Banerjee, & two others, to pay the maturity amounts of the fixed deposit schemes totaling Rs. 8,26,704/- plus interest till realization and to pay compensation of Rs. 1,00,000/- for causing physical and mental harassment and litigation costs of Rs. 25,000/-.
- The case of the petitioners are that they are consumers under the C.P. Act, 1986 and invested their money in the recurring deposits, M.I.S. and fixed deposit schemes of o.ps. namely o.p. no. 1 being Bhaskar Banerjee, Managing Director of Millennium Infra Projects Ltd. and o.p. no. 2 being his wife Moumita Banerjee, also a Director and o.p. no. 3, Biswanath Banerjee, being his son and also a Director amounting to Rs. 7,71,800/- in total. The petitioners invested their money in the fixed deposit scheme, recurring deposit scheme, M.I.S. etc. as the Directors approached with their proposals. After maturity the o.ps. did not pay the matured sum to the petitioners which compelled them to file this case when the o.ps. initially avoided them and then refused to pay them.
- The o.ps. though served with notices and o.p. no. 3 appeared before the Forum yet remained absent resulting the case was heard ex parte against all the o.ps.
4. The only point is to be decided herein whether the petitioners are entitled to the reliefs as prayed for ?
DECISION WITH REASONS :
5. In support of their case the petitioners filed the bond certificates of MIPL Comotrade Industries Ltd. & Millennium Infra Projects Ltd. The oral as well as documentary evidences of the petitioners went unchallenged and there is nothing to disbelieve the case of the petitioners and thus the petitioners succeeded in bringing home their claim as the certificates categorically mentioned the claim amount, nature of investment, date of commencement and date of maturity of their claims.
In the result, the application succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 10 of 2015 ( HDF 10 of 2015 ) be and the same is allowed ex parte with costs against the o.ps.
That the petitioners are entitled to get Rs. 10,000/- each as compensation and the o.ps. are directed to pay the matured sum of Rs. 8,26,704/- with interest @ 9% p.a. till realization from the date of maturity of the bond certificates within 30 days from the date of this order failing the petitioners would be at liberty to put the final order in execution. The opposite parties are also directed to pay total litigation costs of Rs. 10,000/- to the petitioners within 30 days from the date of this order.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
