DATE OF FILING : 16.02.2015.
DATE OF S/R : 26.03.2015.
DATE OF FINAL ORDER : 04.08.2015.
1. Sahabuddin Naskar,
son of late Golam Batul Naskar,
2. Kalimuddin Naskar,
son of Sahabuddin Naskar,
both are residing at 76, Satyen Bose Road, Thana Makua, Nazir Gunz,
P.O. D.S. Lane, P.S. Sankrail, District Howrah,
PIN 711109. …………………………………………… COMPLAINANTS.
Versus -
1. Kolkata Edu & Business Gurukul,
being represented by its partner
viz. Pankaj G. Guptaji, situated at Block F & G,
111 113, Gopinath Saha Supermarket 1st floor ( near Serampore Station ),
P.O. & P.S. Serampore, District Howrah,
PIN 712201.
2. Bank of Baroda,
Andul Road Branch, Andul,
Howrah. ……..……………………………………………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.
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 petitioner Sahabuddin Naskar & another against the o.p., Kolkata Edu & Business Gurukul, represented by partners, Shri Pankaj G. Guptaji and another, praying for directing the o.p. no. 1 to pay the petitioner no. 1 a sum of Rs. 1 lakh being principal amount plus interest till realization and also directing the petitioner no. 2 to pay Rs. 1 lakh and directing the o.p. no. 1 to pay compensation and cost of Rs. 2 lakhs for causing physical and mental harassment to the petitioners and Rs. 20,000/- as litigation costs.
- The case of the complainants is that the complainants invested their money in the scheme of the o.p. who wanted to invest the money in the school project.While investing money, the o.ps. assured the petitioners that they would be entitled to interest @ 10% per annum. The petitioner no. 1 made investment of Rs. 1 lakh by cheque no. 307249 on 13.9.2013 and Rs. 50,000/- by cheque no. 393300 dated 13.9.2014 and petitioner no. 2 again deposited Rs. 1 lakh by cheque no. 005237 dated 13.9.2013. The o.p. paid interest till January, 2014. The o.p. assured the petitioners that they would make payment and the petitioner waited till March, 2014. But no payment was made as in April, 2014 also. The o.ps. issued two account payee cheques of Rs. 1 lakh in total on 13.3.2014 of SBI Serampore Branch in favour of the petitioners but the cheques were dishonoured. On 24.1.2015 the o.p. assured payment but in vain. So they filed this case with the above prayers.
- The o.ps. though due service with notice did not appear in the case and thus the case is heard ex parte against them.
- The only point whether the complainant isentitled to get any relief as prayed for ?
DECISION WITH REASONS :
- In support of their case the petitioners filed affidavit as well as documents like the Unique Loan cum Investments Scheme documents and also documents showing payment by the petitioners to the o.p. no. 1 and also by the o.p. no. 1 to the petitioners. The oral as well as documentary evidences of the petitioners proved the case ex parte as all the evidences went unchallenged and there is nothing to disbelieve the case of the petitioners who are entitled to Rs. 1 lakh and also compensation and litigation costs.
Hence,
O R D E R E D
That the C. C. Case No. 65 of 2015 ( HDF 65 of 2015 ) be and the same is allowed ex parte with costs against the o.p. no. 1 and dismissed against o.p. no. 2.
The petitioners are entitled to get Rs. 1 lakh each as prayed for and Rs. 5,000/- each as litigation costs.
The o.p. no. 1 is directed to pay the above sum to the petitioners within 30 days from the date of this order failing the petitioners would be entitled to interest @ 9% p.a. till realization and also the petitioners would be liberty to put the order in execution if o.p. no. 1 failed to comply within the stipulated time.
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.
