DATE OF FILING                    :     25-04-2014.

DATE OF S/R                            :     01-08-2014.

DATE OF FINAL ORDER      :     07-11-2014.

1.      Subodh Chandra Majumdar,

son of late  Sudhangshu Bimal Majumder,

residing at Village -  Shyamsundar  Chalk, Govt. Colony,

P.O. Santoshpur, District – Howrah.  

2.      Pravat Kanti Majumdar,

son of late  Sudhanghsu Bimal Majumder,

residing at Village – Balarampota, 2 no.  Colony, P.O. Panchla,

P.S. Uluberia, District – Howrah.

3.      Bisakha Majumdar,

wife of late Dulal Kanti Majumder,

residing at  Village – Shyamsundar  Chalk,

Govt.  Colony, P.O. Santoshpur, District – Howrah.

4.      Jyotsna Kar  Gupta,

daughter of late Kalipada  Gupta,

residing at village -  Shyamsundar  Chalk,

Govt. Colony, P.O. Santoshpur,

District – Howrah.

5.      Sarbendu Majumder,

son of Subodh Chandra Majumder,

residing at village – Shyamsundar  Chalk,

Govt. Colony, P.O. Santoshpur,

District – Howrah.

6.       Jogmaya Majumdar,

wife of Sarbendu Majumdar,

residing at  Village – Shyamsundar  Chalk,

Govt. Colony, P.O. Santoshpur,

District – Howrah.

7.      Swapan Kumar Santra,

son of late Dhananjay Santra, residing

at Satsanga  Colony, P.O. Satsanga, P.S. Deoghar,

District – Deoghar.  

8.      Jhuma Santra,

wife of Sri Swapan Kumar Santra,

residing at Satsanga  Colony, P.O. Satsanga, P.S.  Deoghar,

District – Howrah.

9.      Dibakar Bose,

son of late Satyaranjan Bose,

residing at 73, P. C. Ghosh Road,

Kolkata – 48.

10.  Sistabrata Biswas,

son of Sri Ranjit Biswas,

residing at 287,  S.K. Deb Road,

Kolkata – 48. .-------------------------------------------------------------------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.-----------------------------------------------------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. 1,00,000/- 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, M.I.S., recurring deposit scheme issued by the o.ps, on different dates vide  Annexures P/1 to P/34   collectively.  Their certificate nos. are as follows :

Subodh Chandra Majumdar – 35901011, 2586504, 2586505, 2591551, 2591552,

Pravat Kanti Majumdar –  2583349, 25922523, 26183304,  

Bisakha Majumdar  – 25855390,

Jyotsna Kar  Gupta  –   2582272, 

Sarbendu Majumdr  –  35901325, 42406438, 42406492, 2613710, 2631107, 25865428, 25888959, 25900282, 25900287, 25922538, 25939674, 25970732, 26201025, 26201022, 26201024,  

Jogmaya Majumdar – 36948956, 42350794,

Swapan Kumar Santra – 26307808,

Jhuma Santra – 26307809,

Dibakar Bose – 26286963,

Sistabrata Biswas -  26286966, 26286969, 2631090.

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 September,2013.  Since October, 2013, o.ps. have not paid any monthly interest amount. Complainants repeatedly went to the office of o.ps. in May, 2013, June, 2013, & July, 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.  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 complainants 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   complainants. For their gross negligence in discharging duties, complainants had to  suffer a lot for the crying need of money. Sacrificing many present enjoyments involving monetary expenditure, complainants made those investments foreseeing their future needs. If that criteria is not fulfilled due to o.ps.’  severe negligence, complainants are, 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 complainants.  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 complainants  should be allowed. Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 249  of 2014 ( HDF 249  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 as well as the maturity 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.