DATE OF FILING : 17.03.2015.
DATE OF S/R : 10.06.2015.
DATE OF FINAL ORDER : 09.12.2015.
Sri Subhas Polley,
Son of Sri Sasanka Sekhar Polley,
Residing at village Dasbaga, P.S. Uluberia,
District Howrah. ………………………………………………….. COMPLAINANT.
1. Remac Reality India Ltd.,
having its registered office at 1/425, Jodhpur Park, 8th Floor,
Kolkata 700068,
And head office at 41A, S.P. Mukherjee Road,
Kolkata 26 and
Branch Office at Bagnan, Howrah.
2. Sucharan Ranjit,
son of Nirmal Ranjit,
residing at village Bahirtafa, P.O. Jaduberia, P.S. Uluberia,
District Howrah,
PIN 711316. …..…………………………………………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
- Complainant, Sri Subhas Polley, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. nos. 1 & 2 to pay the maturity amount of recurring deposit of Rs. 4,35,600/- with interest and to pay Rs. 3,00,000/- as compensation for causing mental and physical harassment and Rs. 25,000/- as litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
- It is the case of the complainant that he invested money amounting to Rs. 3,60,000/- in six certificates of Rs. 60,000/- each in the recurring deposit schemes of o.p. no. 1 but the o.p. no. 1 stopped payment since the month of January, 2014. He requested the o.ps. but they did not pay any heed and remained silent. Finding no other alternative, he filed the instant case with the aforesaid prayers of paying Rs. 4,35,000/- + interest till realization along with compensation and litigation cost.
- Notices were served. But o.ps. neither appeared nor filed any written version. Accordingly, the case was heard ex parte against them.
- Two points arose for determination :
- Is the case maintainable in the present form ?
- Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. All the points are taken up together for consideration. We have carefully gone through the complaint petition along with the Annexures. Moreover, the o.ps. have not cared to appear before the Forum even after receiving summons. People invest their hard earned money for their future need. No W/V has been filed by them which clearly shows that they have nothing to put forward in his favour and the complaint petition remains unchallenged and uncontroverted and we have no difficulty to believe the unchallenged testimony of the complainant. We are of the candid opinion that it is a fit case where the prayers of the complainant should be allowed after deduction of any payment made by o.p. to petitioner as said by him in para 6 of his petition. Points under consideration are accordingly it is decided in favour of petitioner as against o.p.
Hence,
O R D E R E D
That the C. C. Case No. 98 of 2015 ( HDF 98 of 2015 ) is allowed ex parte with costs against the O.Ps.
The O.Ps. are directed jointly and severally to pay maturity amount with interest @ 9% p.a. of all the recurring deposits made by the complainant of this instant petition after deducting any amount paid already within one month from this order i.d., 9% p.a. interest shall be charged till actual payment on all the above sum.
The o.ps. are further directed to pay Rs. 20,000/- as compensation and 5,000/- as litigation costs to the complainant within one month from this order i.d., 9% p.a. interest shall be charged till actual payment.
The complainant is at liberty to put the final order 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.
