DATE OF FILING : 08.01.2015.
DATE OF S/R : 19.06.2015.
DATE OF FINAL ORDER : 28.07.2015.
1. Mira Debi,
wife of Dinesh Jaiswal,
residing at village 5 Loknath Chatterjee Lane Bye Lane Sadar,
District Howrah.
2. Subhendu Giri,
son of Sri Samaresh Giri,
residing at village Baranidhi,
Egra Medinipur, Pin 721422
3. Murseda Begam,
wife of Late Md. Sarfaraj,
residing at village Bankra 1, P.S. Domjur,
District Howrah.
4. Doli Choudhory,
wife of Sri Asit Choudhury,
residing at village Bankra Sarath Pally, P.S. Domjur,
District Howrah.
5. Sushanta Mondal,
son of Pravat Mondal,
residing at village Salop Domjur,
Howrah 711409.
6. Tapan Das,
son of late Jagai das,
residing at Purba Misrapara Bankra 3, P.S. Domjur,
District Howrah.
7. Md. Feroz,
son of Md. Ibrahim,
residing at 376/2, Sarat Chatterjee Road, P.S. Shibpur,
District Howrah.
8. Jaminiranjan Ghosh,
son of late Kamal Ghosh,
Village Pakuria, P.S. Domjur,
District Howrah.
9. Tapan Das,
son of Sri Amal Das,
residing at village Bankra, P.S. Domjur,
District Howrah.
10. Jhuma Chowdhury,
wife of Sri Asim Choudhury
residing at village Bankra, P.S. Domjur,
District Howrah.
11. Kabita Paul,
wife of Sri Anupam Paul,
residing at village Bankra, P.S. Domjur,
District Howrah.
12. Manik Monadal,
son of Monoranjan Mondal,
residing at village Bankra, P.S. Domjur, District Howrah.
13. Barnali Moshel,
wife of Sri Makal Moshel,
residing at village Bankra, P.S. Domjur,
District Howrah.
14. Pratima Samanta,
wife of Jugal Samanta,
residing at village Bankra, P.S. Domjur,
District Howrah. ………………………………………… COMPLAINANTS.
Everlight Realcon Infrastructure Limited,
presently known as Subham Mutual Benfits Limited,
having its registered office at 36, Kulpi Road, Baruipara,
P.S. Baruipara, 24 Parganas ( South ),
Kolakta 700144 and also at Bishal Abason India Ltd.
of 5B, Sarat Bose Road, Lansddowne Court, 1st Floor,
Suit no. 15, Kolkata 700020,
being represented by its Chairman viz. Biplab Kumar Dey,
eesiding at Kalikapur Sayarpara 1, Asansol (S ), Burdwan,
PIN 713304, Director viz. Chandan Sinha Roy,
residing at f12, Dhakuria East Road, 2nd floor, Flat no. 9,
Kolkata 700078,
Director viz. Juthika Dey, wife of Biplab Kumar Dey,
daughter of late Dulal Chandra Ghosh,
Part no. 62, North Parganas, Habra 743271,
having its collection centre at Shibpur Charabasti,
District Howrah,
PIN 711102. …………………………………………………………OPPOSITE PARTY.
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, Sankar Sarkar and 14 others praying for direction upon the o.ps. namely Everlight Realcon Infrastructure Limited presently known as Subham Mutual Benefits Limited represented by Chairman, Biplab Kumar Dey, to pay the maturity amounts of the schemes totaling Rs. 4,55,518/- to the complainants & to pay Rs. 1,00,000/- as compensation and costs of Rs. 20,000/- as litigation costs.
- The case of the petitioners are that they are consumers under the C.P. Act, 1986 and invested their money in the schemes of o.p. in various plans as in the form of monthly recurring scheme and recurring deposit scheme for the period of three years started on different dates with maturity date as mentioned in the policy document. Though the policies were matured the o.ps. did not pay the maturity amounts and the branch offices were closed though the petitioners were asked to come to the office of the o.ps. and thus the o.ps. refused the petitioner with unfair trade practice. So the petitioners filed the case praying for the aforesaid prayers.
- The o.p. in spite of service of summons did not appear in the case and did not contest and so the case is heard ex parte against the o.p. company.
- The only point is to be decided herein whether the petitioners are entitled to the reliefs as prayed for ?
DECISION WITH REASONS :
- In the instant case the petitioner prayed for direction upon the o.p. directing them to pay the maturity sum and also for compensation and litigation costs. In support of their case the petitioner field the policy document as well as the advance product booking scheme book showing the amounts of payment on specific date and also the account number and the letters of allotment wherein the face value of the policy mentioned as well as the redemption value and the oral and documentary evidences filed and produced by the petitioners proved their case as all the oral as well as documentary evidences went unchallenged and there is nothing to disbelieve the case of the petitioners.
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. 6 of 2015 ( HDF 6 of 2015 ) be and the same is allowed ex parte with costs against the o.ps.
That the o.ps. are directed to pay the maturity amount of the schemes to the respective petitioners as mentioned in each policy within 30 days from the date of this order failing the complainants would be at liberty to put the order in execution after the stipulated period. The petitioners are also entitled to compensation for a sum of Rs. 1,00,000/- and Rs. 20,000/- as litigation costs and the compliance not being made the complainants are 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.
( B. D. Nanda )
President, C.D.R.F., Howrah.
