DATE OF FILING : 19.03.2015.
DATE OF S/R : 06.05.2015.
DATE OF FINAL ORDER : 13.10.2015.
1. Jigria Mallick,
son of Sadat Ali,
residing at village & P.O. Khalisani, P.S. Uluberia,
District Howrah
2. Supriya Kayal,
wife of Laxmikant Kayal,
residing at village Jagatpur ( East ), P.O. Brindabonpur,
P.S. Uluberia, District Howrah.
3. Sk. Habibur Rahaman,
son of Sk Karam Ali,
residing at village Jagannatpur, P.O. Banbon, P.S. Uluberia,
District Howrah.
4. Sk. Giyasuddin,
son of late Sk Mahasin,
residing at village & P.O. Khalisani, P.S. Uluberia,
District Howrah.
5. Ajit Mete,
son of Sushil Mete,
residing at village k& P.O. Latibpur, P.S. Uluberia,
District Howrah,
PIN 711316.
6. Sanjoy Mondal,
son of Sri Gopal Mondal,
residing at village & P.O. Khalna, P.S. Jaypur,
District Howrah.
7. China Manna,
wife of late Sklukdeb Manna,
residing at village Jagapur, P.O. Brindabanpur, P.S. Uluberia,
District Howrah.
8. Sk. Royson Rahaman,
son of Sk. Tayabur Rahaman,
residing at village Jagatpur ( East ), P.O. Brindabonpur, P.S. Uluberia,
District Howrah.
9. Ganesh Das,
son of late Kalipada Das,
residing at village Jagatpur, P.O. Brindabonpur, P.S. Uluberia,
District Howrah.
10. Tarak Manna,
son of Chandasekhar Manna,
residing at village Jamberia, P.O. Kushberia, P.S. Uluberia,
District Howrah. ………………………………………………COMPLAINANTS.
Prayag Infotech Hi Rise Ltd.,
having its registered office at P 45, Bhupen Roy Road,
Kolkata 700034.
And
its Branch Office at village Bagnan, O.T. Road ( beside of S.B.I. Bank ),
P.O. & P.S. Bagnan, District Howrah,
PIN 711303,
represented by its
Managing Director
Viz. 1) Basudeb Bagchi, son of Narendra Nath Bagchi,
2) Avik Bagchi,
both are residing at 139C/21/1, Becharam Chatterjee Road,
Kolkata 700034,
3) Swapan Bagchi, wife of Sri Basudeb Bagchi,
residing at 139C/21/1, Becharam Chatterjee Road,
Kolkata 700034,
4) Senior Developer Papiya Manna,
wife of Sri Raju Manna, residing at village Bagnan, O.T. Road,
near B.D.O. Office, P.O. & P.S. Bagnan, District Howrah,
PIN 711303…………………………………………………….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
- Complainants, ten in numbers, by filing a petition U/S 12 of the C.P. Act, 1986 ( as amended up to date ) have prayed for a direction to be given upon the o.ps. to pay them the entire amounts of the schemes, namely Fixed Deposit, M.I.S., Recurring deposits being Rs.4,92,098/-, to pay an amount of Rs. 1,00,000/- in total as compensation for causing mental agony and harassment and litigation costs of Rs.10,000/- along with other orders as the Forum may deem fit and proper.
- Brief facts of the case is that complainants made investments in Fixed Deposit, M.I.S., Recurring deposits scheme issued by the o.ps., on different dates vide Annexures collectively. Their certificate nos. are as follows :
1. Jigria Mallick M.I.S. Certificate No. 0490024028,
2. Supriya Kayal M.I.S. Certificate No. 0490017355,
Fixed Deposit Certificate No. 0490018988,
Recurring Deposit Certificate No. 0490018368.
3. Sk. Habibur Rahaman M.I.S. Certificate No. 0490020327,
Fixed Deposit Certificate No. 0490020326,
Recurring Deposit Certificate No. 0490020324.
4. Sk. Giyasuddin Fixed Deposit Certificate No. 0490015362,
5. Ajit Mete M.I.S. Certificate Nos. 0490023099, 0490024177,
6. Sanjoy Mondal Fixed Deposit Certificate No. 0490017371,
7. China Manna Fixed Deposit Certificate No. 0490017424,
8. Sk. Royson Rahaman Recurring Deposit Certificate No. 0490013618,
9. Ganesh Das Recurring Deposit Certificate No. 0490014010,
10. Tarak Manna Recurring Deposit Certificate No. 0490014591.
3. O.Ps. promised to pay the maturity amount of investment made by the complainants on different dates in different schemes. But it is alleged by the complainants that o.ps. have not paid the maturity amount to the complainants even after the expiry of the due dates without any valid reason. Complainants repeatedly went to the office of o.ps. but on different pleas they have returned the complainants without giving their maturity amount. It is further stated by the complainants that with the maturity amounts of the investments, they are to run their livelihood, meet medical expenditure, children’s education etc. which are really at stake. So, finding no other alternative, complainants filed this instant petition praying for the aforesaid relief.
4. Notices were served. The o.ps. appeared and filed written version. Accordingly, the case was heard on contest against o.ps.
- Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainants are entitled to get any relief as prayed for ?
DECISION WITH REASONS :
Both the points are taken up together for consideration. We have carefully gone through the written version filed by o.ps. and noted its contents. It is the specific plea of o.ps. that a title suit has been filed by one Naba Kumar Mondal on behalf of ‘AMRA’ registered society of depositors which is pending before the ld. Civil Judge ( Jr. Division ), at Alipore, South 24 Parganas, and by the order dated 27.6.2013 in that Title Suit being no. 11680 of 2013, one ld. Advocate Commissioner was appointed to disburse the deposit of different investors. But these particular complainants have not been included in that title suit. It is a fact that complainants invested in the o.ps. company and o.ps. have failed to pay the maturity amount to the complainants for which complainants felt tremendous monetary problem. Because, people invest their hard earned money in a reputed company to get the ultimate benefit at their need. O.ps. have miserably failed to keep promise which they made on the face of the certificates issued by them in favour of complainants. For their gross negligence in discharging duties, complainants had to suffer a lot for the crying need of money. Sacrificing many present enjoyments involving monetary expenditure, complainants made those investments foreseeing their future needs. If that criteria is not fulfilled due to o.ps.’ severe negligence, complainants are, thereby, truly prejudiced which can be very well understood by a man of common prudence. But we are to keep in mind that at the time of receiving the fund from the complainants, the o.ps. committed that after maturity they would pay their matured amount. So they cannot shrug off their liability and responsibility towards the complainants. O.ps. have miserably failed to keep promise which certainly amounts to deficiency in service coupled with unfair trade practice on their part which should not be allowed to be perpetuated for an indefinite period. And we are of the candid opinion that it is a fit case where the prayers of the complainants should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 101 of 2015 ( HDF 101 of 2015 ) be allowed on contest with costs against the O.Ps.
That the O.Ps. are directed jointly and severally to pay either the maturity amount or the principal amounts of all investments, whichever is applicable, to the complainants of this instant petition with respect to Fixed Deposit, M.I.S., Recurring deposits in question and the interest which is due in M.I.S. within one month from this order i.d., 9% p.a. interest shall be charged till actual payment.
The complainants do get an award Rs. 10,000/- as compensation and Rs. 3,000/- as litigation cost and o.ps. are directed to pay the same within one month from this order i.d. amount shall carry an interest @ 9% p.a. till actual payment.
The complainants are at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
