DATE OF FILING : 09.01.2015.
DATE OF S/R : 23.03.2015.
DATE OF FINAL ORDER : 10.08.2015.
1. PRADIP ROY,
S/O Sri Dilip Roy,
47/3, Khagendranath Ganguly Lane, Salkia,
District Howrah,
PIN 711 106.
2. SMT. SHIKHA PRAMANIK,
W/O- Late Palan Pramanick,
28/3 Khagendra Nath Ganguly Lane, Salkia,
Howrah-711106
3. SMT. RATNA DEY,
W/O- Sri shibu Day, 68/2, Panchanantala Road,
Liluah, Howrah-711 204.
4. SMT. SAMPA DAS
W/O- Pradip Kumar Das,
13/16, Khagendra Nath Ganguly Lane, Salkia,
Howrah-711106.
5. SRI TARUN DAS,
S/O- Late Balai Das, Debir Para,
Jagadishpur, Liluah,
Howrah-711 323..
6. SMT. BIDISHA PAUL,
W/O- Tarak Chandra Paul,
39/2, C Road, Bamungachi, Salkia,
Howrah-711106.
7. RAJENDRA PRASAD,
S/O- Protiraj Prosad,
Liluah Railway Colony,
Howrah-711 322.
8. RUMA DAS -,
W/O- Ashok Kumar Das, 30,
Dr Abani Dutta Road, Salkia,
Howrah-711106.
9. IPSITA BHAKAT,
W/O- Apurba Kumar Bhakat,
52, Kshetra Mitra Lane, Salkia,
Howrah-711106.
10. Ashim Kumar Bose,
W/O- Narayan Basak,
108/3, C Road, Bibek Nagar,
Bamangachi, Salkia, Salkia,
Howrah-711106..
11. CHANDRABATI SARKAR,
W/O-Dilip Kumar Sarkar,
Bartajpur, Begumpur, Chanditala,
Hooghly-712 306.…………….………………………………… 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, PRADIP ROY, and ten 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. 10,21,842/- 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. 9,31,600/- 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. 12 of 2015 ( HDF 12 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. 10,21,842/- 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.