DATE OF FILING : 10.11.2014.
DATE OF S/R : 09.10.2015.
DATE OF FINAL ORDER : 03.03.2016.
Smt. Bulbul Rani Dey,
wife of late Rabindranath Dey,
presently residing at 1/28/6/, Mirpara Road,
Bhattanagar, P.S. Liluah,
District Howrah. ……………………………………………………… COMPLAINANT.
1. M/s. S.R. Greenhouse Ltd.,
Head Office, at Lodha Market,
1st Floor, Rajarhat,
Kolkata: 700 035.
2. Mr. Debnanjoy Brato Roy,
Chairman, S.R. Green House Ltd.,
Lodh Market, 1st floor, 211 Bus Stand, Rajarhat,
Kolkata 700135,
residential address,
son of Monojoy Brata Ray,
40/2, Sahid Sunil Sen Sarani, ( Debi Apartment ),
Kolkata 700028.
3. Mrs. Jhuma Roy,
Director, S.R. Green House Ltd.,
Lodh Market, 1st floor, 211 Bus Stand, Rajarhat,
Kolkata 700135,
residential address,
40/2, Sahid Sunil Sen Sarani, ( Debi Apartment ),
Kolkata 700028.
4. Mrs. Suparna Roy,
Director, S.R. Green House Ltd.,
Lodh Market, 1st floor, 211 Bus Stand, Rajarhat,
Kolkata 700135,
residential address,
40/2, Sahid Sunil Sen Sarani, ( Debi Apartment ),
Kolkata 700028.
5. Mr. Pijush Kumar Dasgupta,
Agent of M/S. S.R. Green House Ltd.,
c/o. Prasanta Bhaduri, of ‘L’ Road, Police Phari Belgachia,
P.S. Liluah, 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.
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Bulbul Rani Dey, against the o.ps. praying for refund of Rs. 6 lakhs as paid by her to the o.ps. and a sum of Rs. 1,08,000/- as per the MIS for 18 months and to pay 18% interest over Rs. 7,08,000/- amounting to Rs. 1,27,440/- and damages assessed Rs. 10,14,560/-.
- The case of the petitioner is that she invested Rs. 6 lakhs in the share certificate of S.R. Green House Ltd. represented by o.p. no. 2, Debanjoy Brato Roy, as Chairman and Mrs. Jhuma Roy and Mrs. Suparna Roy as Directors, and Mr. Pijush Kumar Dasgupta, as an agent. The further case of the petitioner is that she invested the above six lakhs on 30.8.2012 and the date of redemption was 30.8.2016. Due to financial stringency, the petitioner approached the o.ps. to pay her Rs. 6,000/- per month from the date of commencement under this scheme but nothing paid and the petitioner lastly got information that the o.ps. duped the petitioner and then sending legal notice the petitioner filed this case.
3. The o.ps. did not appear in the case and thus the case was heard ex parte against them.
- The only point to be decided whether the petitioner is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- In support of his case the petitioner filed affidavit as well as documents showing that he purchased share certificate for a sum of Rs. 6 lakhs and he was to get monthly installment of Rs. 6,000/- under the scheme and the redemption value was fixed Rs. 6,48,000/-. He deposited the said sum of Rs. 6 lakhs on 30.8.2012 and the date of redemption was 30.8.2016. The above share certificates confirmed the available submission of the petitioner and all these documents went unchallenged and there is nothing to disbelieve the case of the petitioner and thus proved ex parte.
In view of above discussion and findings the claim case succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 574 of 2014 ( HDF 574 of 2014 ) be and the same is allowed ex parte against the o.ps. except O.P. no 5 against whom the case is dismissed without cost.
The petitioner is entitled to refund of Rs. 7,08,000/- with 10% interest from 30.8.2012 till repayment of the whole amount and to pay compensation of Rs. 10,000/- and the o.p. nos. 1 to 4 are jointly and severally liable to pay the above sum to the petitioner within 30 days from the date of this order failing the whole amount would carry further interest @ 9% p.a. and the petitioner would be at liberty to put the order in execution.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
