DATE OF FILING : 03-03-2014.
DATE OF S/R : 26-03-2014.
DATE OF FINAL ORDER : 31-07-2014.
1. Sri Biswanath Ghosh,
son of late Nandalal Ghosh,
2. Alpana Ghosh,
wife of Biswanath Ghosh,
both are residing at Katlia Bose Para, Katlia, P.O. Nibra,
P.S. Domjur, District –Howrah,
PIN – 711409.--------------------------------------------------------- COMPLAINANTS
- versus -
1. MEGA MOULD INDIA LTD.
the company incorporated under the Companies Act, 1956,
being represented by its Managing Director viz.
Ankul Maiti, having its registered office
at 54/2, Rafi Ahmed Kidwai Road,
Kolkata – 700016,
having its branch office at Domjur Batpara,
P.O. & P.S. Domjur, District – Howrah,
PIN – 711405 and also at 6/28, G.T. Road,
P.O. & P.S. Bally, District – Horah,
PIN – 711201.
2. Malay Das,
son of Sri Mohan Das,
residing at Makardaha Das Para, P.O. Makardaha, P.S. Domjur,
District – Howrah,
PIN – 711409.------------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. Complainants, Sri Biswanath Ghosh and Smt. Alpana Ghosh, by filing a
petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to refund deposited amounts so paid by the complainant along with monthly interest, to pay Rs. 1,50,000/- as compensation and litigation costs of Rs. 10,000/- along with other relief or reliefs as the Forum may deem fit and proper.
2. Brief fact of the case is that complainant nos. 1 & 2 made one time investments in monthly income scheme issued by the o.ps., on different dates vide Annexures P/1 to P/3 collectively. Their certificate nos. are as follows :
Biswanath Ghosh & Alpana Ghosh – Certificate Nos. 2585144, 2585363 & 2588923.
O.Ps. collected money through a promise to pay monthly interest of different amounts of investments made by the complainants on different dates. But it is alleged by the complainants that o.ps. paid monthly interest regularly only upto March, 2013. Since April, 2013, o.ps. have not paid any monthly interest amount. Complainants repeatedly went to the office of o.ps. but on different pleas they have returned the complainants without giving their interest amount. It is further stated by the complainant no. 1 that they made such investment out of his retirement and with this monthly income, they run their livelihood, meet their medical expenditure etc. which are really at stake. Complainants went to the office of the o.ps. even May, June, July, 2013 consecutively with the same prayer to release their invested amount along with the due monthly interest amount. But they did not pay any heed to that request. So, finding no other alternative, complainants filed this instant petition praying for the aforesaid relief.
3. Notices were served but they did not appear and file any written version.
Accordingly, the case was heard ex parte.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
ii) Whether the complainants are entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. We have carefully gone through the complaint petition along with the annexures filed by the complainant and noted their contents. People invest their hard-earned money with a view to utilize the same at the time of need. Here in this case the complainant no. 1 is a retired person and kept his retirement benefit with the o.ps. Keeping full faith on o.ps., complainant tried to maintain his livelihood smoothly. But o.ps. showed no respect towards the complainants. May be it is true that in this case, the maturity dates have not yet been over. But as the O.Ps. failed to pay the monthly interest in time, complainants have lost their all faith on O.Ps. O.ps. have miserably failed to keep their own promise which certainly amounts to deficiency in service on their part which should not be allowed to be perpetuated for an indefinite period. Moreover, even after receiving the summon of the Forum, o.ps. never cared to appear before this Forum. They have not yet filed any W/V controverting the allegations of the complainants leveled against them. So, the allegations of the complainants remained unchallenged and undisputed and we have no
difficulty to believe the unchallenged testimony of the complainants. So, we are of the candid opinion that it is a fit case where the prayers of the complainants should be allowed . Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 110 of 2014 ( HDF 110 of 2014 ) be allowed ex parte with costs against the O.Ps.
That the O.Ps. are directed jointly and severally to pay the principal amounts of Rs. 2,57,000/- with upto date monthly interest to the complainants of this instant petition with respect to all Bond certificates in question held by the respective complainants within one month from this order i.d., 10% p.a. interest shall be charged on the entire decreetal amounts of the complainants till actual payment.
No order as to compensation.
The complainants do get an award of Rs. 2,000/- as litigation cost and o.ps. are directed to pay the same with one month from this order i.d. amount shall carry an interest @ 10% p.a. till actual payment
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.
( Jhumki Saha )
Member, C.D.R.F.,Howrah.
