DATE OF FILING : 19.03.2015.
DATE OF S/R : 01.10.2015.
DATE OF FINAL ORDER : 11.01.2016.
Tapati Khan,
daughter of Pasupati Khan,
presently residing at Ichapur, Sealdanga Purba,
49, Jagacha, Districvt Howrah,
PIN 711 104. ………………………………………………………………… COMPLAINANT.
1. Pramatha Nath Manna,
Managing Director,
MPs Greenary Developer Ltd.,
having registered office at Howrah – 711101.
(i ) MPS Enclave,
Commercial Building, Village Dighisole, P.O. Dahijuri,
P.S. Jhargram, West Medinipur,
PIN 721 504.
(ii ) Kolkata Office,
MPS Enclave,
P 112 & P 176, Block B, Lake Town, P.S. Lake Town,
Kolkata 700 089.
(iii) Branch office
at HW 009,
11/2/1, Bhagaban Chatterjee Lane,
Howrah 711 101……………………………………………………………………………….…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 filed by the petitioner, Tapati Khan, U/S 12 of CP Act. 1986against the o.p. Pramath Nath Manna, Managing Director, MPS Greenary Developer Ltd. and others, praying for refund of Rs. 41.642/- paid by her to the o.p. through purchase of four Orchard Bonds and interest of Rs. 41,642/- from the date of purchase @ 18% interest till the date of judgment and Rs. 3,862/- for harassment physically and mentally and Rs. 10,000/- as cost of litigation.
- The case of the petitioner is that she entrusted a sum of Rs. 41,642/- to purchase four Orchard Bonds from the branch office of the o.p. situated at Howrah. The maturity period of the bonds were for three years as stated by the petitioner in para 9 of his claim petition but the two Orchard Bonds Certificate showing that the date of return was 5th June, 2017 and the same being in case of two bonds of Rs. 10,000/- each. In the other two documents the maturity dates mentioned are 13.10.2013 and 26.05.2013 wherein cash deposited being Rs. 28,657/- and Rs. 12,985/- but there is no mention of the maturity amount or rate of interest of such deposit. In the case of two Orchard Bonds also of Rs. 10,000/- each which are matured, there is no mention of the amount of interest but the amount on final report mentioned being Rs. 20,000/- each. The case of the petitioner is that he went to the head office of the MPS Greenery Developer Ltd. at Lake Town and deposited the money and in the first two deposits the maturity period is over and the amounts in both the documents totaling Rs. 21,642/-. The o.ps. did not return the maturity amount and also when the petitioner prayed for return of the principal amount of the two Orchard Bonds then also the o.p. did not pay heed to her. So she filed this case.
3. The o.ps. though served with notices did not contest the case and thus the case is heard ex parte against them.
4. Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- In support of her case the petitioner filed the deposit documents which proved the fact that the petitioner deposited Rs. 21,642/- by cash and he is entitled to the maturity amount on 26.05.2013 and 13.10.2013 and in the absence of any interest on the amount or in the absence of any maturity amount this Forum finds that it would be just and proper to direct the o.ps. to pay interest @ 9% p.a. on the aforesaid sum since deposit of the same. Regarding the other two bonds the deposits are not matured and thus the petitioner cannot claim neither the matured amount nor the principal because the fate of the principal amount is unknown to this Forum in the absence of any document and this Forum being a creature of a social legislation finds that it would be just and proper for the Forum to direct the o.p. no. 1 to pay the petitioner the principal amount with @ 9% interest from the date of deposit till actual realization. Thus, the oral as well as documentary evidences filed by the petitioner went unchallenged and there is nothing to disbelieve the case of the petitioner which is proved ex parte as all the oral and documentary evidences are found legal and valid and proved the case of the petitioner.
In the result, application succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 103 of 2015 ( HDF 103 of 2015 ) be and the same is allowed ex parte against the o.p. no. 1 and dismissed without cost against the o.p. no. 2.
The petitioner is entitled to refund of Rs. 46,142/- being his deposited sum and in case of both the deposits the petitioner would be entitled to pay @ 9% p.a. interest from the date of deposit till realization and also entitled to Rs. 10,000/- as compensation and Rs. 5,000/- as litigation costs.
The o.p. no. 1 is directed to make the payment within 30 days from the date of order failing the petitioner would be able to put the order in execution and the o.p. not complying the order of the Forum the petitioner would be entitled to put the order in execution.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
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.
