DATE OF FILING : 22.01.2015.
DATE OF S/R : 18.08.2015.
DATE OF FINAL ORDER : 18.01.2016.
Ganesh Mukherjee,
son of late Dharanimohan Mukherjee,
presently residing at 152, Joraghat Lane,
P.O. & P.S. Chinsurah, District Hooghly,
PIN 712 101. ………………………………………………………… COMPLAINANT.
1. Pramatha Nath Manna,
Managing Director,
MPS Greenary Developer Ltd.,
having registered Office at :
2. Santanu Chowdhury,
Director, MPS Greenary Developer Ltd.,
having registered office at :
( i ) ‘MPS Enclave’
Commercial Building, village Dighisole,
P.O. Dahijuri, P.S. Jhargram,
West Medinipur,
PIN 721 504.
( ii) Kolkata Officer,
‘MPS ENClAVE’
112 & P 176, Block ‘B’, Lake Town,
Kolkata 700 089.
( iii ) Branch Office.
HW 009, 11/2/1, Bhagaban Chatterjee Lane, Howrah 711 101.
3. Manas Kumar Mukherjee,
( Regional Manager, Personal Liason & IR,
MPS Greenery Developers Ltd. ).
4. Soumya Bhattacharya,
son of Shankarpada Bhattacharya,
village & P.O. Chamrail, P.S. Liluah,
District Howrah,
PIN 711 114. ……………………………………………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, Ganesh Mukherjee, against the o.p., Pramatha Nath Manna and three others, praying for refund of Rs. 2,70,587/- with interest @ 18% till the date of judgment being Rs. 2,43,528/- and Rs. 3,85,885/- as compensation and Rs. 50,000/- as cost of proceeding.
- The case of the petitioner is that he purchased nine Orchard Bonds of MPS Greenary Developer amounting to Rs. 2,70,587/- on 27.01.2010 and the date of return was on nine different dates between 31st May, 2015 to 27.12.2016. The petitioner was to receive monthly interest but the o.ps. failing to give such interest, the petitioner contacted the o.p. who gave him false assurance and no payment was made either for the deposited sum or the interest and so the petitioner filed this case.
- The o.ps. though served with interest did not appear in the case and thus the case is heard ex parte against the o.ps. including the o.p. no. 4 who is an agent of the company.
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- In support of his case the petitioner filed affidavit as well as nine Orchard Bonds amounting to Rs. 2,70,587/- which proved the fact that the petitioner deposited the above sum with the o.ps. who neither paid the interest nor the original sum refunded even after expiry of the period of final return and all these original and documentary evidences went unchallenged and there is nothing to disbelieve the case of the petitioner.
In view of above, the case of the petitioner is proved ex parte against the o.ps. and the o.p. no. 4 being the agent of the company.The case against o.p. no. 4 be dismissed.
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. 33 of 2015 ( HDF 33 of 2015 ) be and the same is allowed ex parte with costs of Rs. 10,000/- to be paid by the o.p. nos. 1, 2 & 3 to the petitioner and the case is dismissed ex parte without cost against the o.p. no. 4.
The petitioner is entitled to the reliefs as prayed for and the o.p. nos. 1, 2 & 3 are jointly and severally liable and directed to refund Rs. 2,70,587/- to the petitioner who is also entitled to 9% interest p.a. instead of his prayer for 18% p.a. interest and the o.ps. 1 to 3 are to pay such interest to the petitioner from the date of purchase of bonds till realization and also the o.p. nos. 1 to 3 are directed to pay compensation for a sum of Rs. 20,000/- to the petitioner and all the payments will be made within 30 days from the date of this order failing the petitioner would be at liberty to put the order in execution and also the whole amount shall carry interest @ 9% p.a. till realization.
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.
