DATE OF FILING                    :     24-01-2014.

DATE OF S/R                            :      20-02-2014.

DATE OF FINAL ORDER      :     11-08-2014.

1. Gopal Khamaru,

    Son of Sambhunath Khamaru,

    Residing at village – Panchpara, P.O. Radhadasi, P.S. Sankrail,

    District – Howrah.

2. Smt. Arati Das,

    Wife of late Rabin Das,

     Residing at village Uttar Panchpara, P.O. Radhadasi,

     P.S . Sankrail, District – Howrah.

3.  Anita Das,

     wife of Malay Das,

     residing at village & P.O. Kuldanga, P.S. Panchla,

     District – Howrah.

4. Bhabesh Bank,

    son of Manmotho Bank,

    residing at village – Khatirbazar, P.O. Unsani,

    District – Howrah. 

5.  Rina Adak,

     wife of Rabin Adak,

     residing at village – Panchpara, P.O. Radhadasi, P.S. Sankrail,

     District – Howrah.  

6. Nazma Begum,

    wife of Sk. Bachu,

    residing at village – Panchpara, P.O. Radhadasi,

    P.S. Sankrail, District – Howrah.

7. Kajal Khamaru ( Santra),

    Wife of Santanu Santra, residing at village – Chandrabati,

    P.O. Podrah, P.S. Sankrail, District – Howrah.

8.  Jakri Sekh,

     son of Idris Sekh,

     residing at Chunabati, Mallickpara Panchpara, P.O. Radhadasi,

     P.S. Sankrail, District – Howrah.

9) Chittaranjan Das,

     son of Haradhan Das,

     residing at village & P.O. Kuldanga, P.S. Panchla,

     District – Howrah.    

10) Srikanta Karar,

      son of Sankar Karar,

      residing at village – Panchpara, P.O. Radhadasi, P.S. Sankrail,

      District – Howrah.  

11) Munmun  Goswami,

      son of Mithun  Goswami,

      residing at village  _ Uttar Podrah Natunpally,

      P.O. Podrah, P.S. Sankrail,

      District – Howrah.   

12) Smt. Sujata  Goswami,

      Wife of late Mukunda  Goswami,

      Residing at village – Uttar Podrah Natunpanny, P.O. Podra,

      P.S. Sankrail, District – Howrah.

13) Prasanta Biswas,

      son of late  Gour Chandra Biswas,

      residing at village – Saktinagar, P.O. Unsani, P.S. Sankrail,

      District – Howrah,

      self and the constituted attorney of the

      complainant nos. 1 to 12 and 14 to 15.--------------------------------------Complainants.

                                                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 of thirteen   numbers, namely 1)  Gopal Khamaru,     2) Smt.

Arati Das, 3)  Anita Das, 4) Bhabesh Bank, 5) Rina Adak,  6) Nazma Begum, 7) Kajal Khamaru ( Santra), 8) Jakri Sekh, 9) Chittaranjan Das,  10) Srikanta Karar, 11) Munmun  Goswami, 12) Smt. Sujata  Goswami, 13) Prasanta Biswas,   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.ps. to pay their respective maturity amount of the investments along with due monthly  interest, to pay an amount of Rs. 3,50,000/- in total as compensation for causing mental agony and harassment along with litigation costs of Rs. 25,000/- and other orders as the Forum may deem fit and proper. 

2.               Brief fact of the case is that complainants  made  investments of different types i.e. in monthly  income scheme  as well as in fixed deposit scheme and recurring deposit scheme  issued by the o.ps., on different dates vide  Annexures P/1 to P/14 collectively.  Their certificate nos. are as follows :

            1)  Gopal Khamaru   -    Certificate no. 007375.

             2) Smt. Arati Das      -    Certificate no.001489,

 3)  Anita Das             - Certificate no.  012120,  

4) Bhabesh Bank        - Certificate no. 005976,  

5) Rina Adak              - Certificate no. 004061,   

6) Nazma Begum         - Certificate no. 007626,  

7) Kajal Khamaru ( Santra) - Certificate no. 008180,

 8) Jakri Sekh - Certificate no. 018469,

            9) Chittaranjan Das   - Certificate no.  005715,   

10) Srikanta Karar - Certificate no. 001561,  

11) Munmun  Goswami - Certificate no. 014128,  

12) Smt. Sujata  Goswami – F.D. Certificate no. 01569,   

13) Prasanta Biswas - MIS NO. 001663, Recurring Deposit Certificate no. 001670.    

O.Ps.  promised to pay monthly interest of different amounts for different amount of investments made by the complainants on different dates. But it is alleged by the complainants that o.ps. failed to pay monthly  interest regularly as well as the maturity benefit. Complainants repeatedly went to the office of o.ps. but on different pleas they have returned the complainants  without giving their  interest amount as well as the maturity amount. It is further stated by the complainants that with this monthly income, they run their livelihood, meet their medical expenditure, children’s education etc. which are really at stake. Complainants even submitted a joint petition on 05-09-2013. They have also informed the matter of non payment of monthly interest as well as maturity amount to the local  police station on 15-10-2013. 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. They   appeared and filed  written version. Accordingly, case was heard on contest.

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 written version filed by o.ps. and noted its contents. It is the specific plea taken by o.ps. that SEBI has attached all bank accounts vide Annexures A & B  attached with their BNA. O.ps. have  also attached the order passed by Additional Secretary & Inspector General of Registration and Commissioner and Stamp and Revenue of Government of West Bengal. It is also  the specific plea of the  o.ps. that SEBI had prohibited the o.ps. to disburse, transfer, alienate any immovable property held by them vide their order no. RO/003/2014 dated  06^th June, 2014 in Annexures – 1 & 2 of the said order marked as Annexure ‘C’ series. O.ps. have  also attached the order passed by Assistant Commissioner of Income Tax, Circle 2, Paschim Midnapur, whereby the bank account of o.ps. had been attached by the said  authority vide Annexure A series. O.ps. have also annexed the order passed by the  Additional  Secretary and Inspector General of Registration and Commissioner of Stamp and Revenue of Government of West Bengal dated 06-05-2013 as  Annexure ‘B’. And on these  grounds the o.ps. have  prayed for the dismissal of the complaint petition on the plea that complainants have not made SEBI as an opposite  party who have attached their bank accounts. And on this very ground o.ps. are not in a position to withdraw any amount from their bank accounts.  But o.ps. have not annexed any order of any higher authority   showing that there is any kind of specific embargo on the payment of maturity amount of different complainants as well as their  monthly interest. And for argument sake, even if the bank accounts are attached by the SEBI, are the complainants responsible for that ?  Why they should be harassed like anything ? People invest their hard earned money in a reputed company to get the ultimate benefit at their need. If they cannot utilize their hard-earned money at their bare necessities what is the use of making an investment or savings ? Sacrificing many present enjoyments involving monetary expenditure, people make an investment for all future needs. So entire spirit of making investment is getting frustrated.   O.ps. have miserably failed to keep their promise which they made on the face of the Bond certificates issued by them in favour of  different complainants on different dates. For their own wrong doings, why complainants should suffer at all ?  Accordingly, the plea taken by o.ps. is not at all tenable with respect to the non-payment of maturity values as well as monthly interest. May be it is true that in some cases, 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.   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. 32  of 2014 ( HDF 32 of 2014 )  be  allowed on contest with  costs  against  the O.Ps. 

      That the  O.Ps. are directed jointly and severally  to pay the principal amounts  as well as maturity amounts   with upto date monthly interest to the  complainants of this instant petition with respect to all  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 decretal amounts of different complainants till actual payment.

            No order as to compensation. The complainants do get an award of Rs.10,000/- as litigation cost and o.ps. are directed to pay the same within 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.