DATE OF FILING : 25-04-2014.
DATE OF S/R : 03-09-2014.
DATE OF FINAL ORDER : 07-11-2014.
1, Sri Debasish Chatterjee,
son of late Durga Das Chatterjee,
residing at 178, Parnasree Pally Road, P.S. Behala,
Kolkata.
2. Ratna Chatterjee,
wife of Sri Debashish Chatterjee,
residing at 178, Parnasree Pally Road, P.S. Behala,
Kolkata.
3. Gita Poddar,
daughter of late Gopal Poddar,
residing at Village - Shyamsundar Chalk,
P.O. Santoshpur, P.S. Uluberia,
District – Howrah.
4. Prosenjit Karmakar,
son of Sri Nirmal Chandra Karmakar,
residing at village - Shyamsunda Chalk, P.O. Santoshpur,
P.S. Uluberia, District – Howrah.
5. Priyanka Karmakar,
son of Sri Nirmal Chandra Karmakar,
residing at village - Shyamsunda Chalk, P.O. Santoshpur,
P.S. Uluberia, District – Howrah.
6. Mrinal Poddar,
son of late Gopal Poddar,
residing at village - Shyamsunda Chalk, P.O. Santoshpur,
P.S. Uluberia, District – Howrah.
7. Abdul Mozid Zammadar
son of Sahaalam Zamaddar,
residing at village - Shibramchalk, P.O. Panchia,
P.S. Uluberia, District – Howrah.
8. Abhishek Chakraborty,
son of Sri Chitta Chakraborty,
residing at School Kalibari, Thana Hospital Mayrapara, Ulubereia,
District – Howrah.
9. Tanmoy Poddar,
son of Sri Mirnal Poddar,
residing at village - Shyamsunda Chalk, P.O. Santoshpur,
P.S. Uluberia, District – Howrah.
For self and the constituted attorney of the
complainant nos. 1to 8 & 10.
10. Pampa Handa,
wife of Sri Arjun Handa,
residing at Barbahala, Mecheda, Kolaghat,
Midnapore ( E ) – 721137. ------------------------------------------- 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 – Howrah,
PIN – 711201..--------------------------------------------------------OPPOSITE PARTY.
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, by filing a joint petition U/S 12 of the C .P. Act, 1986 ( as
amended up to date ) have prayed for a direction to be given upon the o.p. to refund deposited amounts so paid by the complainants 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 complainants made investments in fixed deposit scheme, recurring deposit scheme issued by the o.ps, on different dates vide Annexures P/1 to P/26 collectively. Their certificate nos. are as follows :
Sri Debasish Chatterjee – 26317403, 26160379, 26160386, 37888544,
Ratna Chatterjee – 26338692,
Gita Poddar – 26195323, 26218925,
Prosenjit Karmakar – 40895843, 30363881, 26164924,
Priyanka Karmakar – 26335309,
Mrinal Poddar – 42409635, 42007717, 41946001, 35956574, 35956663, 36759035, 26317662, 26046231, 26285011,
Abdul Mozid Zammadar – 262245985, 4207646,
Abhishek Chakraborty - 26346578, 42942816,
Tanmoy Poddar – 26281625, 44042555,
Pampa Handa – 42028065, 42028082.
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. in May, 2013 as well as 2013 but on different pleas they have returned the complainants without giving their interest amount. It is further stated by the complainants that they made such investment with a view that 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 in a reputed company to get the ultimate benefit at their need. O.p. has miserably failed to keep its promise which was made on the face of the certificates issued by them in favour of complainant. For their gross negligence in discharging duties, complainant had to suffer a lot for the crying need of money. Sacrificing many present enjoyments involving monetary expenditure, complainant made those investments foreseeing their future needs. If that criteria is not fulfilled due to o.ps.’ severe negligence, complainant is, thereby, truly prejudiced which can be very well understood by a man of common prudence. Moreover, the o.p. has not cared to appear before the Forum even after receiving summons. No W/V has been filed by them which clearly shows that they have nothing to put forward in their favour. And the complaint petition remains unchallenged and uncontroverted. And we have no difficulty to believe the unchallenged testimony of the complainant. O.ps. have miserably failed to keep promise which certainly amounts to deficiency in service coupled with unfair trade practice on their part which should not be allowed to be perpetuated for an indefinite period. And we are of the candid opinion that it is a fit case where the prayers of the complainant should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 248 of 2014 ( HDF 248 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 all investments of different complainants as per their certificates along with upto date monthly interest 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. 5,000/- 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.
