Judgement

                                                                                                    Date:31-10-2014

       These are the cases for deficiency in service.

All the above mentioned 22-Complaints cases are similar in nature and were heard analogously.  There is only difference regarding the claim amount of the respective Complainants.

The fact of all the aforesaid Complaint Cases are in short that the Complainants have invested / deposited different amount of money on different Schemes introduced by the O.Ps. on different dates to the office of the O.Ps. with the assurance given by the O.Ps. to get back their deposited amount with interest on maturity.  Accordingly, the O.Ps. acknowledged, admitted and accepted the various deposits from the Complainants and issued acknowledgement, Receipts, Certificates / Bonds, etc. time to time in favour of the respective Complainants.

On maturity the Complainants submitted their respective certificates / Bonds and other related documents as well as in original duly discharged for making payments of the maturity amounts in terms of their commitment but the O.Ps. failed to settle the claims even after long period of maturity and repeated requests of the Complainants to settle their claims and make payments.  The O.Ps. did not take any steps to settle the legitimate claims of the present Complainants.  For that reason the Complainants were compelled to institute their respective cases. 

That the O.Ps. have contested all the aforesaid cases by filing written versions denying allegations of the Complainants contending inter alia that the Assistant Commissioner of Income Tax, Circle – II, Mednapur, has already attached the Bank A/c of the present O.Ps.  All the relevant papers and documents are in the custody of the

Income Tax Department.  Accordingly, it is not possible for the O.Ps. to make scrutiny of the documents of the Complainants.  In the circumstances the Income Tax Department may be a party to this proceeding or this case may kindly be stayed till the disposal of dispute of Income Tax Department with the O.Ps. is settled.

On the basis of above pleadings of both the parties now the question is as to whether the Complainants are entitled to get their respective reliefs as prayed for.

                                                                                       Decision with reasons.

The Ld. Lawyer for the Complainants has not filed any written any notes of argument but has made same submissions as stated in the petitions of complaint.  The Ld. Lawyer has submitted some documents as per firisti in support of the case of the Complainants.

The Ld. Lawyer for the O.Ps. has not also filed any written notes of argument but has submitted by producing some documents as per firisti that SEBI served a notice dated 13-09-2014 to the O.Ps. directing to submit clear Road-map regarding the properties of O.Ps.  All the Bank Accounts of the O.Ps. are seized by the authorities.  In the circumstances the O.Ps. are not in a position to pay the claim amount of these Complainants.  So, sufficient opportunity may be given to the O.Ps. to scrutinize all the documents of the claimants and to settle their claim amount.

After going through the petitions of complaints we find that the claims of the respective Petitioners are as follows :-

1. Sanjit Mondal pertains to CC No.07 / 2014 is entitled to get Rs.20,000/-, Rs.20,000/- and Rs.20,000/- i.e. total Rs.60,000/- (Rupees Sixty thousand) only against the Bond Nos.KA001 0/07/07/003556, 0/07/07/003557 and 0/07/07/003558,

2. Sanjoy Karmakar pertains to CC No.08/2014 is entitled to get Rs.20,000/- (Rupees Twenty thousand) only against the Bond No. 0/09/07/004464,

3. Mithun Karmakar pertains to CC No.09/2014 is entitled to get Rs.20,000/- (Rupees Twenty thousand) only against the Bond No. 0/09/07/000702,

4. Sukumar Bej pertains to CC No.10/2014 is entitled to get Rs.10,000/- (Rupees Ten thousand) only against the Bond No. 0/08/07/002458,

5. Mrinal Kanti Nandi pertains to CC No.11/2014 is entitled to get Rs.25,549/- (Rupees Twenty-five thousand Five hundred Forty-nine) only against the Bond No. 0/12/06/002407,

6. Nemai Choudhury pertains to CC No.12/2014 is entitled to get Rs.64,200/- (Rupees Sixty-Four thousand and two hundred) only against the Bond No. A/12/12/020308,
7. Balaram Nandi pertains to CC No.13/2014 is entitled to get Rs.20,000/-, Rs.20,000/- and Rs.20,000/- i.e. total Rs.60,000/- (Rupees Sixty thousand) only against the Bond Nos. 0/06/07/004184, 0/06/07/004188 and 0/06/07/004189,  

8. Biswajit De pertains to CC No.14/2014 is entitled to get Rs.19,147/-, Rs.19,147/- , Rs.19,147/- and Rs.10,941/- i.e. total Rs.68,382/- (Rupees Sixty-eight thousand Three hundred Eighty-two) only against the Bond Nos.A/12/10/019640, A/12/10/019647, A/12/10/019653 and A/12/10/019662,
9. Sumitra Mahanta pertains to CC No.15/2014 is entitled to get Rs.36,921/- (Rupees Thirty-six thousand and Nine hundred Twenty-one) only against the Bond No. A/12/10/013336,

10. Rita Ghosh pertains to CC No.16/2014 is entitled to get Rs.1,11,000/- (Rupees One Lakh Eleven thousand) only against the Bond No. A/12/10/013332 and A/12/10/013333.

11. Kohinur Khatun pertains to CC No.17/2014 is entitled to get Rs.43,283/- (Rupees Forty-three thousand Two hundred Eighty-three) only against the Bond No. A/12/10/015899,

• Bidyut Kr. Samui pertains to CC No.18/2014 is entitled to get Rs.2,00,000/- (Rupees Two Lakhs) only against the Bond No. 0/11/07/002059 and 0/11/07/002064,

13. Nandita Dey pertains to CC No.19/2014 is entitled to get Rs.2,16,418/- (Rupees Two Lakhs Sixteen thousand Four hundred Eighteen) only against the Bond No. A/09/10/015556 and A/09/10/015560,

• Archana Mondal pertains to CC No.20/2014 is entitled to get Rs.30,000/- (Rupees Thirty thousand) only against the Bond No. KA001 0/07/07/004618,

• Brahmananda Choudhury pertains to CC No.21/2014 is entitled to get Rs.1,29,850/- (Rupees Twenty-nine thousand Eight hundred Fifty) only against the Bond No. A/01/11/003610,

16. Monalisa Roy pertains to CC No.22/2014 is entitled to get Rs.86,567/- (Rupees Eighty-six thousand Five hundred Sixty seven) only against the Bond No. A/12 /10/008408,

17. Satabdi Roy pertains to CC No.23/2014 is entitled to get Rs. 1,20,888/- (Rupees  One Lakh Twenty thousand Eight hundred Eighty Eight) only against the Bond No. A/12/10/001046,

18. Sanjoy Kr. Mali pertains to CC No.24/2014 is entitled to get Rs. 93,000/- (Rupees  Ninety-Three thousand) only against the Bond No. A/12/10/019306, A/12/10/019311, A/12/10/019316 and A/12/10/019320,

19. Suchitra Patra pertains to CC No.25/2014 is entitled to get Rs.12,985/- (Rupees Twelve thousand Nine hundred Eighty Five) only against the Bond No. A/01 /11/008824,

20. Rammohan Roy pertains to CC No.26/2014 is entitled to get Rs.21,642/- (Rupees Twenty one thousand Six hundred Forty Two) only against the Bond No. A/12 /10/014808,

21. Biswanath Sardar pertains to CC No.27/2014 is entitled to get Rs. 12,985/- (Rupees Twelve thousand Nine hundred Eighty Five) only against the Bond No. A/10 /10/012527,

5. Mousumi Ghosal pertains to CC No.28/2014 is entitled to get Rs. 21,642/- (Rupees Twenty one thousand Six hundred Forty Two) only against the Bond No. A/11 /10/004289

After going through the complaint petitions of the all the Complainants and the written versions filed by the O.Ps. in all the aforesaid Complaint Cases we find that there is no denial regarding the claim of the Complainants regarding payment of their maturity value of the respective Bond amount.  We also find that the O.Ps. have not produced any reliable document to prove that their all Bank Accounts have been seized by the concerned authority.  Moreover, we find that as per the terms of the Bond issued by the O.Ps., they are bound to pay the maturity value of the Certificates / Bonds issued by them in favour of the respective Complainants.  But the O.Ps. failed to make payments as per their assurance given to the Complainants.  So, the Complainants have been able to prove their plea for deficiency of service and they are entitled to get their claim amounts.  So, all the complaint cases are maintainable and should be allowed.

In the circumstances the above point is answered in favour of all the Complainants.

In the result all the cases succeed.

Hence, it is

                                                                                                         Ordered

That all the Complaint Cases No. 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,  22, 23, 24, 25, 26, 27, 28 of 2014 are allowed on contest but in the circumstances without      any costs.

That the Complainants namely :-

1. Sanjit Mondal pertains to CC No.07 / 2014 is entitled to get Rs.20,000/-, and Rs.20,000/- i.e. total Rs.60,000/- (Rupees Sixty thousand) only against the Bond Nos.KA001 0/07/07/003556, 0/07/07/003557 and 0/07/07/003558,

2. Sanjoy Karmakar pertains to CC No.08/2014 is entitled to get Rs.20,000/- (Rupees Twenty thousand) only against the Bond No. 0/09/07/004464,

3. Mithun Karmakar pertains to CC No.09/2014 is entitled to get Rs.20,000/- (Rupees Twenty thousand) only against the Bond No. 0/09/07/000702,

4. Sukumar Bej pertains to CC No.10/2014 is entitled to get Rs.10,000/- (Rupees Ten thousand) only against the Bond No. 0/08/07/002458,

5. Mrinal Kanti Nandi pertains to CC No.11/2014 is entitled to get Rs.25,549/- (Rupees Twenty-five thousand Five hundred Forty-nine) only against the Bond No. 0/12/06/002407,

6. Nemai Choudhury pertains to CC No.12/2014 is entitled to get Rs.64,200/- (Rupees Sixty-Four thousand and two hundred) only against the Bond No. A/12/12/020308,
7. Balaram Nandi pertains to CC No.13/2014 is entitled to get Rs.20,000/-, Rs.20,000/- and Rs.20,000/- i.e. total Rs.60,000/- (Rupees Sixty thousand) only against the Bond Nos. 0/06/07/004184, 0/06/07/004188 and 0/06/07/004189,
8. Biswajit De pertains to CC No.14/2014 is entitled to get Rs.19,147/-, Rs.19,147/- , Rs.19,147/- and Rs.10,941/- i.e. total Rs.68,382/- (Rupees Sixty-eight thousand Three hundred Eighty-two) only against the Bond Nos.A/12/10/019640, A/12/10/019647, A/12/10/019653 and A/12/10/019662,
9. Sumitra Mahanta pertains to CC No.15/2014 is entitled to get Rs.36,921/- (Rupees Thirty-six thousand and Nine hundred Twenty-one) only against the Bond No. A/12/10/013336,

10. Rita Ghosh pertains to CC No.16/2014 is entitled to get Rs.1,11,000/- (Rupees One Lakh Eleven thousand) only against the Bond No. A/12/10/013332 and A/12/10/013333.

11. Kohinur Khatun pertains to CC No.17/2014 is entitled to get Rs.43,283/- (Rupees Forty-three thousand Two hundred Eighty-three) only against the Bond No. A/12/10/015899,

• Bidyut Kr. Samui pertains to CC No.18/2014 is entitled to get Rs.2,00,000/- (Rupees Two Lakhs) only against the Bond No. 0/11/07/002059 and 0/11/07/002064,

13. Nandita Dey pertains to CC No.19/2014 is entitled to get Rs.2,16,418/- (Rupees Two Lakhs Sixteen thousand Four hundred Eighteen) only against the Bond No. A/09/10/015556 and A/09/10/015560,

• Archana Mondal pertains to CC No.20/2014 is entitled to get Rs.30,000/- (Rupees Thirty thousand) only against the Bond No. KA001 0/07/07/004618,

• Brahmananda Choudhury pertains to CC No.21/2014 is entitled to get Rs.1,29,850/- (Rupees Twenty-nine thousand Eight hundred Fifty) only against the Bond No. A/01/11/003610,

16. Monalisa Roy pertains to CC No.22/2014 is entitled to get Rs.86,567/- (Rupees Eighty-six thousand Five hundred Sixty seven) only against the Bond No. A/12 /10/008408,

17. Satabdi Roy pertains to CC No.23/2014 is entitled to get Rs. 1,20,888/- (Rupees  One Lakh Twenty thousand Eight hundred Eighty Eight) only against the Bond No. A/12/10/001046,

18. Sanjoy Kr. Mali pertains to CC No.24/2014 is entitled to get Rs. 93,000/- (Rupees  Ninety-Three thousand) only against the Bond No. A/12/10/019306, A/12/10/019311, A/12/10/019316 and A/12/10/019320,
19. Suchitra Patra pertains to CC No.25/2014 is entitled to get Rs.12,985/- (Rupees Twelve thousand Nine hundred Eighty Five) only against the Bond No. A/01 /11/008824,

20. Rammohan Roy pertains to CC No.26/2014 is entitled to get Rs.21,642/- (Rupees Twenty one thousand Six hundred Forty Two) only against the Bond No. A/12 /10/014808,

21. Biswanath Sardar pertains to CC No.27/2014 is entitled to get Rs. 12,985/- (Rupees Twelve thousand Nine hundred Eighty Five) only against the Bond No. A/10 /10/012527,

5. Mousumi Ghosal pertains to CC No.28/2014 is entitled to get Rs. 21,642/- (Rupees Twenty one thousand Six hundred Forty Two) only against the Bond No. A/11 /10/004289, from the O.Ps.

That the O.Ps. are directed to pay the said decreetal amount to the above mentioned Complainants within two (2) months from the date of this Judgement failing which an interest @ 9% p.a. will be accrued on the said decreetal amount of each of the Complainants in respect of their respective shares from the date of this Judgement till realization.

            Let a copy of this Judgement be supplied to the parties free of cost as per Rule.

                         (A. AGNIHOTRI)                           (L. N. CHATTOPADHYAY)               (Y. HALDER)

                             Ld. Member                                           Ld. Member                                  Ld. President