DATE OF FILING : 29.04.2015.
DATE OF S/R : 24.07.2015.
DATE OF FINAL ORDER : 10.09.2015.
Sri Ram Roy,
son of late Haril Roy,
residing at Jagacha, Asutosh Ghosh Road, P.S. Jagacha,
District Howrah, ……………………………………………………… COMPLAINANT.
Paban Kr. Pal,
son of late Damodar Pal,
proprietor of Damodar Krisi Kalyan,
village Bhandarhati, P.O. Dilakash, P.S. Jangipara,
District Hooghly………………………………………….…………OPPOSITE PARTY.
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, Ram Roy, against the o.p., Paban Kr. Pal, praying for a direction upon the o.p. to pay him Rs. 1,65,560/- along with interest from the date of receiving the Potato Bond from the petitioner by the o.p.
- The case of the petitioner is that the o.p. is the owner of Damodar Cold Storage. The petitioner purchased two potato bonds on payment of Rs. 1,65,560/- and the o.p. assured the petitioner that he would pay the above sum to the petitioner and when the petitioner handed over the two bonds to him. The o.ps. after receiving the two bonds sold the entire potatoes of 200 bags @ Rs. 370/- per bag amounting to Rs. 74,000/- and sold 218 bags @ Rs. 420/- per bag amounting to Rs. 91,500/- and the o.p. grabbed the entire sum of Rs. 1,75,560/- and though he issued a cheque in favour of petitioner amounting to Rs. 49,000/- yet the same cheque bounced. The petitioner demanded money by sending letter dated 02.03.2013 and another through his lawyer on 27.10.2014 but in vain. Then he filed the case.
- The o.p. in spite of good service did not appear in the case and not contest and so the case is heard ex parte against them.
- The only point is decided herein whether the petitioner is entitled to get the relief as prayed for ?
DECISION WITH REASONS :
5. In support of his case the petitioner, Ram Roy, filed before theForum affidavit along with documents showing the purchase of two bonds amounting to Rs. 1,65,560/- and he also filed the acknowledgement as well as the notice sent by him to the o.p. and also the bounced cheque issued by the o.p. and the above documents which proved the case of the petitioner ex parte as all the above evidences went unchallenged and there is nothing to disbelieve the case of the petitioner which is proved ex parte.
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. 20 of 2015 ( HDF 20 of 2015 ) be and the same is allowed ex parte against the o.p. with costs of Rs. 10,000/-.
The petitioner is entitled to get the total amount of Rs. 1,65,560/- with interest @ 9% p.a. from the date of purchase and also entitled to Rs. 10,000/- as compensation for physical and mental harassment.
The o.p. is directed to pay the above sum to the petitioner 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, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
