DATE OF FILING : 13.05.2015.
DATE OF S/R : 28.07.2015.
DATE OF FINAL ORDER : 16.09.2015.
1. Somnath Roy,
son of Panchanan Roy,
residing at village & P.O. Dhulogori, P.S. Sankrail,
District Howrah.
2. Aparna Pandit,
wife of Parthasarathi Pandit,
residing at village & P.O. Deulpur, P.S. Panchla,
District Howrah.
.
3. Kulsum Bibi,
wife of Golam Mustafa,
residing at village Borisha, P.O. Kolaghat,
District Purba Medinipur.
4. Pronab Manna,
Son of Tapan Manna,
Resding at village & P.O. Khatora, P.S. Domjur,
District Howrah.
5. Tapan Kumr Das,
son of siddheswar Das,
residing at village & P.O. Khtora, P.S. Domjur,
District Howrah.
6. Mritunjoy Hazra,
Son of Nitish Hazra,
residing at village & P.O. Deulpur, P.S. Panchla,
District Howrah.
7. Ambarnath Bag,
son of late Panchkari Bag,
residing at residing at village & P.O. Deulpur, P.S. Panchla,
District Howrah,
8. Sabana Khatoon,
Daughter of Habibul Hossain,
Residing at village Borisha, P.O. & P.S. Kolaghat,
District Purba Medinipur.
9. Biswanath Baral,
residing at village & P.O. Jaduberia, P.S. Uluberai,
District Howrah.
10. Sukumar Manna,
son of late Bali Manna,
residing at village & P.O. Latibpur, P.S. Uluberia,
District Howrah. ………………………………………… COMPLAINANTS.
1. Prayag Infotech Hi Rise Ltd.,
having its registered office at P 45, Bhupen Roy Road,
Kolkata 700034, and having its branch office at
Village Bagnan, O.T. Road ( beside of S.B.I. Bank ),
P.O. & P.S. Bagnan, District Howrah,
PIN 711303.
2. Basudeb Bagchi,
Chief Managing Director,
Prayag Infotech Hi Rise Ltd
residing at 139C/21/1, Becharam Chaterjee Road,
Kolkata 700034.
3. Sri Swapna Bagchi,
wife of Sri Basudeb Bagchi,
Chief Managing Director,
residing at 139C/21/1, Becharam Chaterjee Road,
Kolkata 700034.
4. Avik Bagchi,
Managing Director,
residing at 139C/21/1, Becharam Chaterjee Road,
Kolkata 700034.
5. Papiya Manna,
Senior Developer,
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
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioners, Sukumar Roy & 9 others, against the o.ps., Prayag Infotech Hi Rise Ltd. & four others, praying for a direction upon the o.ps. to pay Rs. 4,71,648/- being the maturity amount as well as principal amount and to pay Rs. 1 lakh as compensation for physical and mental harassment and Rs. 25,000/- as litigation costs.
- The case of the petitioner is that they deposited their money in various schemes like recurring deposit, M.I.S., fixed deposit for earning their livelihood but the o.ps. neither returned their money invested nor pay a single furthering towards their investment since September, 2013 and the petitioners requested the o.ps. time and again and got frustrated knowing that the o.ps. practised unfair trade practice and so they filed this case with the above prayers.
- The o.ps. 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 petitioners are entitled to get the relief as prayed for ?
DECISION WITH REASONS :
5. In support of the case the petitioners filed before the Forum affidavit as well as money receipts showing their payments to the o.ps. and also mentioned therein the maturity amount and also issued challan mentioning certificate nos. and also name of the petitioners and all the above documents corroborating and confirming the affidavit of evidences of the petitioners proved their case ex party as all the above oral and documentary evidences went unchallenged and there isnothing to disbelieve the cases of the petitioners which areproved 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. 184 of 2015 ( HDF 184 of 2015 ) be and the same is allowed ex parte against the o.ps. with costs of Rs. 25,000/-.
The petitioners are entitled to the reliefs as prayed for and the o.ps. are directed to pay the petitioners the maturity amount of the certificates as well as the principal amount with interest @ 9% p.a. till realization wherefrom the fixed deposit not matured yet.
The o.ps. are further directed to pay Rs. 1,00,000/- as compensation to the complainants.
The o.ps. are directed to pay the above mentioned sum to the petitioners 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.
