DATE OF FILING                    :     08.01.2015.

DATE OF S/R                            :      19.06.2015.

DATE OF FINAL ORDER      :      28.07.2015.

1.         Tanuja Biswas,  

wife  of  Biswajit Biswas,  

residing at village Salop,  Domjur,

District Howrah.

2.         Biswajit Biswas,  

son of late Gunadhar Biswas,  

residing at village Salop,  Domjur,

District Howrah.

3.         Kartick Naskar,  

son of late Durjadhan Naskar,  

Salop,  Domjur,

District Howrah.

4.         Anup  Ghosh,

son of Sri Lakshmi Kanta,  

Salop,  Domjur,

District Howrah.

5.         Probir Ghosh,  

son of Sri Lakshmi Kanta  Ghosh,

Salop,  Domjur,

District Howrah.

6.         Hemanta Bera,  

son of late Pulin Behari Bera,

residing at Balitikuri, P.S. Dasnagar,

District Howrah.

7.         Swapan Ruidas,

son of late Ram  Ruidas,

Salop,  Domjur,

District Howrah.

8.         Shobha Naskar,

wife of  late Dhurjadhan Naskar,

Salop,  Domjur,

District Howrah.

9.         Debraj Nayek,

son of Sri Gokul Nayek,

residing at village Salop,  Domjur,

District Howrah.

10.       Tarun Dolui,

residing at village Salop,  Domjur,

District Howrah.

11.       Saraswati Dolui,  

residing at village Salop,  Domjur,

District Howrah.

12.       Anjali Malick,

residing at village Salop,  Domjur,

District Howrah.

13.       Raju Karati,  

son of Sri Ratan Karati,

 residing at village Salop,  Domjur,

District Howrah.

14.       Rekha Malik

residing at village Singur,  P.S. Singur,

District Hooghly. ………………………………………… COMPLAINANTS.

• Versus   -

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, 1^st  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, 2^nd 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 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

1. This is an application  U/S 12 of the C.P. Act, 1986 filed by the petitioners, Tanuja Biswas,  and 13 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. 4,01,787/- to  the complainants &   to pay Rs. 1,00,000/- as compensation  and costs of  Rs. 20,000/- as litigation costs.

2. 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.

3. 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.   

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 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. 5 of 2015 ( HDF 5 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.