DATE OF FILING : 21-01-2014.
DATE OF S/R : 18-03-2014.
DATE OF FINAL ORDER : 28-11-2014.
1. Shri Biren Karar,
son of late Gopal Karar,
residing at 132/1, M.S.P.C. Lane, P.S. Bantra,
District – Howrah.
2. Madan Chandra Das,
son of late Jaharlal Das,
residing at 4/5, Ram Krishna Mandir Path Lane, P.O. Kadamtala,
District – Howrah.
3. Sk. Abu Sufian,
son of Sk. Azahar Ali,
residing at village – Eksara, P.O. Chamrail,
District – Howrah.
4. Smt. Riya Koley,
daughter of Sri Amal Kolay,
residing at 42, Nirmal Chandra Street,
Kolkata – 700012.
5. Smt. Paromita Koley,
daughter of Sri Amal Kolay,
residing at 42 Nirmal Chandra Street,
Kolkata – 700012.
6. Sri Abhijit Sadhukhan,
son of Lakshmi Narayan Sadhukhan,
residing at Shanpur Shibtala, P.O. Dasnagar,
District – Howrah.
7, Lakshminarayan Sadhukhan,
son of late Jyotindranath Sadhukhan,
residing at Shanpur, Sibtala, P.O. Dasnagar,
District – Howrah.
8. Smt. Champa Santra nee Porel,
daughter of late Rati Kanta Santra,
residing at Mondalpara, P.O. Kona,
District – Howrah.
9. Bela Chakraborty,
wife of Arun Chakraborty,
residing at 69, Beneras Road, P.O. Dasnagar,
Howrah.
10. Moumita Adak,
wife Brahma Adak,
401/2, Sahid Khudiram Bose Sarani,
Kolkatr – 700030.
11. Lakshmi Kumar,
wife of Subhas Kumar,
residing at 101/1/1, ‘X’ Road, P.O. Netajigarh,
District – Howrah.
12. Chayarani Majhi,
wife of Sukumar Majhi,
residing at 42, Nirmal Chandra Street,
Kolkata – 700012.
13. Anil Kumar Shaw,
son of Tarak Nath Show,
residing at27/1/1, ‘W’ Road, P.O. Dasnagar,
District – Howrah.
For self and the constituted attorney of the
Complainant nos. 1 to 12 and 14 to 15.
14. Smt. Ruma Ghosh,
wife of Sri Arindam Ghosh,
residing at Kona Shibmandir, P.O. Kona,
District – Howrah.
15. Swarup Das,
son of Amalesh Das,
residing at Uttarpara, P.O. Radhadasi,
District – Howrah. …………………………………………... COMPLAINANTS.
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.
MPS Greenery Developers Ltd.
being represented by its Director
viz. Mr. Santanu Chowdhury
having its Kolkata Office at MPS ENCLAVE, P-112,
Block ‘B’ Lake Town,
Kolkata – 700089.
MPS GREENERY DEVEOPERS LTD.
being represented by its in-charge
Viz. Mr. Palash Pattanayak and Mr. Amit Adya,
having its unit office at
11/2/1, Bhagawan Chatterjee Lane,
Howrah – 7111 01.
MPS GREENERY DEVEOPERS LTD.
having its corporate office at
OM TOWERS, 32, Chowringhee Road,
Kolkata – 700071.
Mr. Pramatha Nath Manna,
Chairman Cum Managing Director,
Residing at 344A, lake Town,
Kolkata – 700089
Mr. Santanu Chowdhury,
Executive Director,
Having its official address MPS Enclave,
P-112, Block ‘B’ Lake Town,
Kolkata – 7000 89. ………………………………………………………………Opposite Parties.
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
Complainants 15in numbers by filing apetition 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 them the entire amount of fixed deposits scheme, monthly interest scheme and monthly recurring deposits scheme being Rs. 13,49,383/-, to pay an amount of Rs. 5,00,000/- in total as compensation for causing mental agony and harassment and litigation costs of Rs. 25,000/- along with other orders as the Forum may deem fit and proper.
- Brief fact of the case is thatcomplainantsmade investments in fixed depositsscheme, monthly interest scheme and monthly recurring deposits scheme issued by the o.ps., on different dates vide Annexures of P/1 to P/26 collectively. Their certificate nos. are as follows :
1. Shri Biren Karar - MIS No. 000455,
2. Madan Chandra Das - MIS No. 00129,
3. Sk. Abu Sufian - Fixed Deposit Certificate No. 00454,
4. Smt. Riya Koley - Fixed Deposit Certificate No. 004363, 004365,
000849, 000851,
5. Smt. Paromita Koley - Fixed Deposit Certificate No. 004366,
6. Sri Abhijit Sadhukhan - Fixed Deposit Certificate Nos. 002261, 002269, 002274,
7, Lakshminarayan Sadhukhan - Fixed Deposit Certificate Nos. 006489, 6490, 6491,
6492, 6493,
8. Smt. Champa Santra nee Porel – Fixed Deposit Certificate Nos. 03694, 3131,
Recurring Deposit No. 02528,
9. Bela Chakraborty - Recurring Deposit Certificate no. 013161,
10. Moumita Adak - Fixed Deposit Certificate No. 01319,
11. Lakshmi Kumar - Recurring Deposit Certificate no. 12079,
12. Chayarani Majhi - Fixed Deposit Certificate No. 00850,
13. Anil Kumar Shaw - Recurring Deposit Certificate no A/02/11/2011/014054,
.
14. Smt. Ruma Ghosh - Fixed Deposit Certificate No.02207,
15. Swarup Das - Recurring Deposit Certificate no. 14918.
- O.Ps. promised to pay the maturity amount of investment made by the complainants on different dates in MIS Scheme, recurring deposits as well as fixed deposit. But it is alleged by the complainants that o.ps. have not paid the maturity amount to the complainants even after the expiry of the due dates without any valid reason. Even o.ps. have not paid their monthly interest. Complainants repeatedly went to the office of o.ps. but on different pleas they have returned the complainants without giving their maturity amount. Complainants filed a joint petition on 05-09-2013 and also lodged a G.D. Entry with the local police station on 15-10-2013 but no fruitful result came out. It is further stated by the complainants that with the maturity amounts and monthly interest amount, they are to run their livelihood, meet medical expenditure, children’s education etc. which are really at stake. So, finding no other alternative, complainants filed this instant petition praying for the aforesaid relief.
- Notices were served. Theyappeared and filedwritten version. Accordingly, case was heard on contest.
- Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
Whether the complainants are entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- 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 had attached the bank account of the o.ps. since 25-10-2013 which would be evident from the series of Annexures attached with the BNA filed by them. Even the o.ps. have also attached Order no. RO/003/2014 ( Recovery Certificate no. 20 of 2013 ) dated 6th June, 2014 issued by Recovery Officer of SEBI restraining the o.ps. from disposing, transferring, alienating, changing all immovable properties held by the o.ps. vide Annexure. Also Directorate of Registration and Stamp Revenue,Government of West Bengal, vide their order dated 10-05-2013 has restrained the o.ps. from registering any of the irproperty in favour of any 3rd party. To be precise, o.ps. have become totally handicapped with respect to making any payment to its investors.Even 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.Even o.ps. have prayed for dismissal of the instant complaint petition. Here we take pause. 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 the complainant. 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? Even o.ps. made payments of maturity value in HDF Case No. 88 of 2014 and HDF Case No. 89 of 2014 on 23-05-2014 and 30-06-2014. In spite of existence of different orders passed by different authorities in 2013 whereby o.ps. were restrained from making any kind of payment. As there is no specific order of any higher court o.ps. could make such payment. 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 complainants. 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. complainants have lost theirfaith 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. 27 of 2014 ( HDF 27 of 2014 ) be allowed on contest with costs against the O.Ps.
That the O.Ps. are directed jointly and severally to pay the maturity amounts of different complainants of this instant petition with respect to Fixed deposits, Recurring deposits and M.I.S. Schemes in question held by them along with upto date monthly interest within one month from this order i.d., 10% p.a. interest shall be charged till actual payment.
The complainants do get an award of Rs. 15,000/- as compensation and Rs. 5,000/- 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.
