Judgment : Dt.31.8.2017

Shri S. K. Verma, President.       

            This is a complaint made by one Smt. Jayanti Mazumder, W/O Late Nirmal Chandra Mazumder of 197B, Jadav Ghosh Road, P.S.-Sarsuna, Kolkata-700 061 against –(1) M/s Pailan Park Development Authority Ltd., OP No.1, (2) Apurba Kumar Saha, Chairman & Managing Director of M/s Pailan Park Development Authority Ltd., OP No.2, (3) Bipin Kumar Singh, OP No.3, (4) Chandan Chakraborty, OP No.4, (5) Atul Agarwal, OP No.5, (6) Avijit Chowdhury, OP No.6, and (7) Sekhar Chandra Koley, (3) to (7) are the Director of M/s Pailan Park Development Authority Ltd., having registered office at 127, Kankulia Road, First floor, P.S.-Gariahat, Kolkata-700 027, praying for a direction upon the O.P.s to refund Rs.11,00,000/- and another Rs.2,00,000/- as compensation for causing harassment to the Complainant and another Rs.1,00,000/- as litigation cost.

            Facts in brief are that OP No.2 is the Chairman & Managing Director of M/s Pailan Park Development Authority Ltd., of OP No.1. OPs No.3 to 7 are the Directors of OP No.1. Complainant is the bona fide customer of OPs. On different dates Complainant and her deceased husband made different debentures of about Rs.11,00,000/- and OPs issued seven certificates to that effect. After the demise of the husband of the Complainant, Complainant became the beneficiary of the certificates. Initially, OPs paid monthly interest in favour of the Complainant. But, unfortunately, for last some years OPs did not make any payment. On 30.9.2016 OP members gave a verbal proposal to the Complainant that OPs will pay Rs.11,00,000/-. But, OPs did not make payment. So, Complainant issued a notice. But, despite service of notice, OPs did not contest the case by filing written version despite service of notice upon them. So, the case is heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief to substantiate the allegation of the complaint. Complainant filed original certificates.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            Complainant filed original certificates which clearly reveal that Complainant and her husband paid Rs.11,00,000/- and against that OPs issued letters of allotment. Further, it appears that Complainant requested the OPs to pay the money and they had agreed to pay the principal amount at least. But, they did not oblige the Complainant.

            Since the allegations of the complainant remained un-rebutted and un-challenged, it appears that Complainant is entitled to the reliefs. It also appears that Complainant paid the money in 2012 and 2013 and the Complainant received interest for few months only, which has not been cleared by the Complainant. So, we are of the view that Complainant is entitled to compensation of Rs.40,000/- and litigation cost of Rs.10,000/-.

            Hence,

ordered

            CC/234/2017 is allowed on ex-parte. OPs are directed to pay Rs.11,50,000/- to the Complainant within two months of this order, in default the amount shall carry interest @ 10% p.a. The liability of OPs is joint and several.