DATE OF FILING : 08.07.2015.
DATE OF S/R : 19.08.2015.
DATE OF FINAL ORDER : 30.12.2015.
1. Provash Polley,
son of Sri Sasanka Sekhar Polley,
residing at village Dasbaga, P.S. Uluberia,
District Howrah.
2. Raju Mondal,
son of Sri Sadhan Mondal,
residing at village Dasbaga ( Koleypara ), P.S. Uluberia,
District Howrah.
3. Sritikana Das,
wife of Sri Utpal Das,
residing at village Dasbaga, P.S. Uluberia,
District Howrah.
4. Simanta Manna,
son of late Gobinda Manna,
residing at village Ramnagar, P.O. Basudevpur, P.S. Uluberia,
District Howrah.
5. Utpal Das,
son of late Buddhadeb Das,
residing at village Dasbaga, P.S. Uluberia,
District Howrah.
6. Hasanaur Beg,
son of Nurul Amin Beg,
residing at village Natibpur Mahishya, P.O. Natibpur, P.S. Uluberia,
District Howrah.
7. Paritosh Das,
son of late Buddadev Das,
residing at village Dasbaga, P.S. Uluberia,
District Howrah.
8. Ajana Polley,
Wife of Sasanka Sekhar Polley,
Residing at village Dasbaga, P.S. Uluberia,
District Howrah.
9. Subhas Polley,
son of Sri Sasanka Sekhar Polley,
residing at village Dasbaga, P.S. Uluberia,
District Howrah, for self as constituted attorney of the
complainant nos. 1 to 8. …………………………………...… COMPLAINANTS.
Gulshan Hospitality & Resorts Ltd.,
commonly Sabir Hossain alias Sahaboo,
son of late Ali Hossain,
residing at 19/2, Aftabuddin Munshi Lane,
P.S. and District Howrah,
PIN 711 101.
2. Afsar Hossain,
son of late Raja Hossain,
residing at 95, Gangaram Baisragi Lane,
P.S. & District Howrah,
PIN 711 101.
3. Shahid Akar Khan,
son of late Md. Habib Khan,
residing at 116/1, Nur Md. Munshi Lane,
P.S. and District Howrah,
PIN 711 101. …………………………………….…………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, Provash Pollley and eight others, praying for a direction upon the o.ps. to pay Rs. 3,94150/- to the petitioner no. 1, Rs. 174000/- to the petitioner no. 2, and Rs. 1,01500/- to the petitioner no. 3, Rs. 1,45,000/- to the petitioner no. 4, Rs. 1,75,000/- to the petitioner no. 5, Rs. 79,750/- to the petitioner no. 6, Rs, 1,16,000/- to the petitioner no. 7, Rs. 50,000/- to the petitioner no. 8, Rs. 57,250/- to the petitioner no. 9 with interest till realization to all the petitioners and compensation of Rs. 1,00,000/- to the petitioners for physical and mental harassment and Rs. 10,000/- as litigation costs.
- The case of the petitioners is that they deposited Rs. 84,000, Rs. 60,000/-, Rs. 60,000/-, Rs. 60,000/-, Rs. 1,200/-, Rs. 1,300/-, Rs. 60,000/-, Rs. 1,44,000/-, Rs. 84,000/- , Rs. 1,20,000/-, Rs. 60,000/- , Rs. 60,000/- , Rs. 30,000/-, Rs. 36,000/- , Rs. 30,000/-, Rs. 96,000/-, Rs. 50,000/- respectively since 31.08.2012 with maturity dates 31.08.2013 and later on but after the maturity date when they went to the office of the o.p. for getting their matured sum in August, 2013 then the o.ps. told them that they were unable to pay for some unavoidable reasons and in September, 2013 also they failed to get any amount and thus filed this case serving notice on the o.ps.
- The o.p. did not appear in the case even though the service of notice was sufficient in the eye of law and also did not contest the case by filing written version. So the case is heard ex parte against the o.p.
- The only point is decided herein whether the petitioner is entitled to get the relief as prayed for ?
DECISION WITH REASONS :
5. In support of their case the petitioners filed before theForum affidavit in chief as well as the documents which proved the fact that the petitioners invested the money in 2012 and the date of maturity was 31.08.2013 but they got frustrated when the o.p. failed to pay them the maturity amount being Rs. 14,02,650/- from the o.p. and they weremisled and delayed in payment. The oral evidence in chief as well as documentary evidences produced before thisForum proved the case of the petitioner ex parte as the same went unchallenged and there is nothing to disbelieve the case of the petitioner which is proved ex parte.
In the result, the claim case succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 248 of 2015 ( HDF 248 of 2015 ) be and the same is allowed ex parte against the o.p. with costs of Rs. 20,000/- out of which the petitioners to get Rs. 5,000/- and the rest amount of Rs. 15,000/- would go in favour of Consumer Welfare Fund.
The petitioners are entitled to the matured sum of Rs. 14,02650/- from the o.p. as prayed for and the o.p. to pay the above sum to the petitioners within 30 days from the date of this order failing the whole amount would carry interest @ 9% till realisaton from the date of filing of the case and also the petitioner are also entitled compensation of Rs. 10,000/- to be paid by the o.p. within 30 days from the date of this order failing the petitioners would be at liberty to put the order in execution as well as 9% interest after stipulated time.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
