DATE OF FILING : 08.07.2015.
DATE OF S/R : 19.08.2015.
DATE OF FINAL ORDER : 22.12.2015.
1. Bikash Santra,
son of Sri Yudhistir Santra,
residing at village Karatberia, P.S. Uluberia,
District Howrah.
2. Smt. Pratima Santra,
wife of Sri Bikash Santra,
residing at village Karatberia, P.S. Uluberia,
District Howrah.
3. Janaki Santra,
wife of Sri Yudhistir Santra,
residing at village Karatberia, P.S. Uluberia,
District Howrah. ……………………………………………… COMPLAINANT.
1. KBS Vacation And Hospitality Ltd.,
being represented by its
Chairman, Mr. Sanjay Goswami,
having its registered office at
4, Fairlie Place, HMP House, 3rd floor, Suit No. 301,
Kolkata 700001,
having its branch office at Bagnan O.T. Road, near Sujata Cinema Hall,
P.S. Bagnan, District Howrah,
PIN 711303.
2. The Chairman,
Sanjoy Goswami,
son of Gobinda Goswami,
residing at South Colony Qtr. No. 13/B, P.O. Bhakti Nagar,
District Jalpaiguri,
PIN 734007.
3. The Director,
Goutam Goswami,
son of Gobinda Goswami,
residing at South Colony N.J.P. Qtr. No. 15/B, P.O. Bhakti Nagar,
District Jalpaiguri,
PIN 734007. ………………………………………………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, Bikash Santra, and two others, against the o.ps., KBS Vacation & Hospitality Ltd., represented by Chairman, Sanjoy Goswami and two others praying for directing the o.p. to pay Rs. 9,92,000/- inclusive of maturity amount in some certificates and principal amount and interest in other three certificates and litigation costs of Rs. 10,000/-.
- The case of the petitioners is that they have invested the money with the o.p. company in the fixed deposit scheme of the said company in five such cases and got the certificates. The petitioners actually invested Rs. 2,40,000/-, Rs. 1,00,000/-, Rs. 2,40,000/-, Rs. 50,000/- and Rs. 1,00,000/- respectively on different dates like 28.01.2013, 26.11.2012, 28,01,2013, 28.12.2012 and another 21.01.2013 and out of the said deposits two got matured and three are yet to be matured. The complainants in the month of April, 2014 went to the office of the o.ps. for payment of the matured sum in cases but they asked the petitioner to come latter on for getting the maturity benefit as they were unable to pay them for some unavoidable circumstances. Further the petitioners went in May, 2014 and requested the o.ps. but they avoided and lastly in June, 2014 the o.ps. also could not pay and asked the complainant to come after few days. Thereafter complainant went to the office of the o.p. in July, 2014 and saw the business being closed and getting frustrated by the acts and conducts of the o.ps. who simply deceived the investors by adopting unfair trade practice, the petitioner filed this case.
3. The o.ps. did not contest the case even though notices were duly served upon them and thus the case was heard ex parte against them.
4. POINT FOR CONSIDERATION :
Whether the complainant is entitled to get any relief as prayed for ?
5. DECISION WITH REASONS :
The petitioner filed affidavit in support of their case and also the certificates issued in their favour and also their identity cards and it is noticed that they paid actual sum of Rs. 2,40,000/- in the first certificate and Rs. 1 lakh in the second certificate and againRs. 2,40,000/- in one certificate and Rs. 50,000/- in the second certificate and lastly they paidRs. 1,00,000/-. The oral as well documentary evidences filed by the petitioners proved their case ex parte as all these evidences went unchallenged and there is nothing to disbelieve the case of the petitioner.Thus the petitioners by these documents proved the fact that they invested in five certificates viz. Rs. 2,40,000/-, Rs. 1,00,000/-, Rs. 2,40,000/-, Rs. 50,000/- and Rs. 1,00,000/- and out of which two certificates of Rs. 2,40,000/- each got matured and other three certificates yet to be matured. Thus it is clear that in the two matured certificates they are entitled to Rs. 6 lakhs + interest till payment since the date of maturity was on 28.8.2013 and other three certificates they are entitled to the principal amount of Rs. 2,50,000/- + interest on the said amount.There is nothing to disbelieve the case of the petitioner who proved their case ex parte.
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. 249 of 20115 ( HDF 249 of 2015 ) be and the same is allowed ex parte with costs of Rs. 15,000/- to be paid by the o.ps. to the petitioner against the o.ps.
The petitioners are entitled to the relief as prayed for being the maturity amount with interest as well as in two cases principal amount in other three cases and interest on all the above amounts and the o.ps. are directed to pay the above sum to the petitioners on receipt of the certificates and to pay the money as per certificate within 60 days from the date of this order failing the petitioner would be at liberty to put the order in execution and also the whole amount would carry interest @ 9% p.a. from the date of maturity as well as from the date of deposits in other cases.
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, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
