DATE OF FILING : 27.08.2015.
DATE OF S/R : 14.10.2015.
DATE OF FINAL ORDER : 07.01.2016.
1. Purnima Das,
wife of Sri Lakshmi Kanta Das.
2. Lakshmi Kanta Das,
son of late Nanilal Das,
for self and the attorney of the complainant no. 1,
both are residing at Uluberia Lockgate Para,
P.O. & P.S. Uluberia, District Howrah,
PIN 711315. ………………………………………………… COMPLAINANTS.
1. INFINITY REALCON LTD.,
being represented by the Managing Director,
having its registered office
at 176, A.J.C. Bose Road, 4th Floor,
Kolkata 7000 14,
having its branch office at
Village, P.O. & P.S. Uluberia,
District Howrah,
PIN 711316.
2. Mita Lava Dey ( Rakshit ),
wife of Sri Goutam Dey,
a commissioning agent residing at
Nona Canel Side, P.O. & P.S. Uluberia,
District Howrah,
PIN 711316. . ………………………………………………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, Purnima Das, and another, against the o.p., Infinity Realcom Ltd. and another praying for compensation for a sum of Rs. 30,000/- with interest till realization and Rs. 62,000/- ( Rs. 57,000 + Rs. 5,000/-) being the matured amount of their certificates in which they invested Rs. 50,000/- on 30.03.2013 in the fixed deposit scheme with maturity date 29.03.2014 being the maturity amount of Rs. 56,000/- and also deposit Rs. 5,000/- on 08.04.2013 in the above scheme and the date of maturity being 08.04.2014. They also prayed for refund of Rs. 1,000/- which they deposited in the recurring scheme on 25.03.2013. Soon after the maturity, the petitioners went to the o.p. company for receiving payment but the o.ps. could not pay resulting this case for gross negligence and deficiency in service as well as unfair trade practice on the part of the o.ps.
- The o.ps. though served with notice did not appear in the case thus no question of contesting and the case is heard ex parte against them.
3. Whether the complainants are entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- In support of their case the petitioners filed the certificates showing that the petitioner, Purnima Das, deposited Rs. 50,000/- and another petitioner, Lakshmi Kanta Das, deposited Rs. 5,000/- but no certificate filed to that effect. The debenture certificate showing that Purnima Das paid Rs. 1,000/- for securing a debenture certificate. Thus the total investment of the petitioners amounts to Rs. 50,000/- and she claimed the maturity amount of Rs. 56,000/- as the debenture certificates clearly showing that the maturity amount was Rs. 56,000/- against the deposited sum of Rs. 50,000/-. Against the deposit of Rs. 5,000/- the petitioner, Lakshmi Kanta Das, failed to produce any debenture certificate which would prove the case in his favour. Thus, the petitioner no. 1 produced her identity as well as the documents which proved the case that the petitioner no. 1 is entitled to Rs. 56,000/- as maturity amount against his deposit and also entitled to compensation as well as litigation costs. All the above evidences went unchallenged and there is nothing to disbelieve the case of the petitioner.
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. 307 of 2015 ( HDF 307 of 2015 ) be and the same is allowed ex parte with costs in part.
The petitioner no. 1, Purnima Das, is entitled to the maturity sum of Rs. 56,000/- as the certificate got matured on 29.03.2014 and since then the petitioner no. 1 is entitled to interest @ 9% p.a. on the said amount of Rs. 56,000/- and also entitled to compensation for a sum of Rs. 10,000/- and litigation costs of Rs. 5,000/-.
The claim of Lakshmi Kanta Das, Petitioner no. 2, fails in the absence of cogent documents.
The o.p. no. 1 is directed to pay the above sum with interest to the petitioner no. 1, Purnima Das, failing the whole amount shall carry interest @ 9% p.a. till realization after expiry of the appeal period.
The complainants are at liberty to put the order into execution after expiry of the appeal period.
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.
