DATE OF FILING                    :     30.07.2014.

DATE OF S/R                            :      01.09.2014.

DATE OF FINAL ORDER      :     24.06.2015.  

Smt. Kabita Chakraborty,

wife of late Ashis Kumar Chakraborty,

residing at 15/1/H/1, Satish Chakraborty Lane,

P.O. & P.S. Bally,

District Howrah. ……………………………………………………… COMPLAINANT.

• Versus   -

1. MPS Greenery Developers Ltd.,

      having its registered office at

      MPS ENCLAVE, Commercial Building, Village – Dighisole,

      P.O. Dahijuri, Jhargram, West Midnapore,

      PIN – 721504. 

2. MPS Greenery Developers Ltd.

having its branch office at

MPS ENCLAVE, P 112, Block ‘B’ Lake Town,

Kolkata – 700089.

3. MPS GREENERY DEVEOPERS LTD.

having its branch office at

11/2/1, Bhagawan Chatterjee Lane,

Howrah – 711101.

4. Mr. Suman Dutta,

Marketing Member,

residing at Bally, Sapuipara, P.S. Nischinda,

District Howrah.……………………………………………OPPOSITE PARTIES.

                                                P    R    E     S    E    N     T

             Hon’ble President  :   Shri  B. D.  Nanda,  M.A. ( double ), L.L.M., WBHJS.

                               Hon’ble Member      :      Smt. Jhumki Saha.

            Hon’ble Member : Shri A.K. Pathak,  L.l.b., ( Retired Railway Officer ).         

                                                 F  I   N   A    L       O   R   D    E     R

1. This is an application  U/S 12 of the C.P. Act, 1986 filed by the petitioner, Kavita Chakraborty, praying for an order directing  refund of Rs. 3,50,000/- to her by the o.p. nos. 1 & 2 with interest till realization and praying for compensation of  Rs. 2 lakhs for deficiency of service and Rs. 10,000/- as litigation costs.   

2. The case of the petitioner is that she deposited Rs. 2 lakhs on 28.2.2015 in the Orchard Bond of the o.p. MPS  Greenery Developers Ltd. for a period of 120 months and as per bond she would get a monthly return of Rs. 20,000/- for each bond and got the monthly returns for a few months.

3. She also deposited Rs. 50,000/- in the Scheme Orchard Bond for a  duration of 75 months and after maturity she would get Rs. 1 lakh.

4.  She also deposited Rs. 1 lakh for the Scheme Agro Bond for 36 months on monthly return of Rs. 917/- p.m. against the bond and on maturity, she would get back Rs. 1 lakh.   

5. She purchased the 1^st 10 bonds on 28.02.2005 and the maturity date was 28.02.2015  and she purchased the second series of bonds on 28.5.2010 and the maturity date was 28.8.2016 and she purchased the single 3^rd bond on 26.9.2013 and the maturity date was 16.9.2016. The petitioner is a senior citizen and now she rushes from pillar to post for getting her deposited sum as well as interest but all efforts are in vain as the o.ps. have failed and neglected in making payment since December, 2013.  The petitioner wants to get back her total deposit of Rs. 3,50,000/- with interest till realization as payments stopped since December, 2013 as well as compensation and litigation costs.

6. The o.ps., MPS  Greenery Developers Ltd., and four others contested the case by filing written version denied the material allegations made in the complaint and submitted that the petition is speculative, misconceived and harassing and also the Regulatory Officer of SEBI recovered a sum of Rs. 2,00,46,000/- and in view of the same prayed before the Forum to pass necessary order. Submitting this written version on 08.01.2015 the o.p. did not contest the case and thus this case was heard ex parte against the o.ps.
7.  The only point to be decided here whether the petitioner is entitled to get the relief as prayed for ?

DECISION  WITH   REASONS      :

8. When the petitioner filed BNA and submitted before the  Forum that she is entitled to get the reliefs against the o.ps. who caused deficiency in service on their part not giving the returns on the bonds and thus compelling the petitioner to file this case and the o.ps. not contesting and all evidences of petitioner went unchallenged.

9. The evidence of the petitioner both in affidavit and documentary proved the case of the petitioner as all the above evidences went unchallenged and there is nothing to disbelieve the case of the petitioner which proved the fact ex parte that there was deficiency in service on the part of the o.ps.

           In the result, the claim case succeeds.

           Court fee paid is correct.

      Hence,

O     R     D      E      R      E        D

          That the C. C. Case No. 418  of 2014 ( HDF 418 of 2014 )  be  and the same is allowed ex parte with costs against all  the O.Ps. 

      The petitioner is entitled to get the principal sum of Rs. 3,50,000/- with interest @ 9% since December, 2013 till realization and a token  compensation of Rs. 10,000/- for deficiency in service for causing physical and mental harassment and  Rs. 2,000/- as litigation costs.

           All the five o.ps. are directed to refund the principal sum with interest as well as the compensation and litigation costs within 30 days from the date of this order failing the petitioner would be at liberty to put the final order in execution.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (    B. D.  Nanda   )                                              

  President,  C.D.R.F., Howrah.