DATE OF FILING : 27.01.2016.
DATE OF S/R : 15.04.2016.
DATE OF FINAL ORDER : 26.08.2016.
1. Kabita Bhowmick,
wife of late Nimai Bhowmick,
residing at village & P.O. Bangalpur,
P.S. Bagnan, District Howrah,
PIN 711303.
2. Mohan Khanra,
son of late Kalipada Khanra,
residing at village, P.O. Harop, P.S. Bagnan,
District Howrah,
PIN 711303.
3. Amit Adigiri,
son of Abhimunya Adigiri,
residing at village, P.O. Harop, P.S. Bagnan,
District Howrah,
PIN 711303.
4. Mahadeb Jana,
son of Rajendra Jana,
residing at village & P.O. Haturiya,
P.S. Bagnan, District Howrah,
PIN 711303.
5. Archana Mondal,
wife of late Sukumar Mondal,
residing at village & P.O. Bangalpur, & P.S. Bagnan,
District Howrah,
PIN 711303.
6. Bimal Jana,
son of Bishwanath Jana,
residing at village & P.O. Bangalpur, P.S. Bagnan,
District Howrah,
PIN 711303.
7. Kamal Kumar Adhikary,
son of late Gobinda Kamal,
residing at village Bhuarah, P.O. Agunshi, P.S. Bagnan,
District Howrah,
PIN 711401.
8. Swagata Adhikary,
wife of Swarup Adhikary,
residing at village, Bhuarah, P.O. Agunshi,
P.S. Bagnan,
District Howrah.
9. Subir Adhikary,
son of Kamal Kr. Adhikary,
residing at village Bhuarah, P.O. Agunshi,
P.S. Bagnan, District Howrah,
PIN 711303.
10. Swarup Adhikary,
son of late Shanti Adhikary,
residing at village Bhuarah, P.O. Agunshi,
P.S. Bagnan, District Howrah,
PIN 711303. ………………………………………………… COMPLAINANTS.
Roofers Marketing Limited,
being represented by its
Chairman, Mr. Hirak Nath Sounth,
having its registered office at
103A, C.I.T. Road, 2nd floor,
Kolkata 700014,
Corporate Office at
21/C, Gorachand Road ( ground floor ),
Kolkata 700014, and
Branch office at village, P.O. Dhulogarh,
P.S. Sankrail, District Howrah,
PIN 711302…………………………………………………………OPPOSITE PARTY.
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, Smt. Kabita Bhowmick and nine others praying for a direction upon the o.ps. to pay Rs. 2,12,675/- to petitioner no. 1, Rs. 1,13,716/- to petitioner no. 2, Rs. 1,36,548/- to petitioner no. 3, Rs. 4,08,500/- to petitioner no. 4, Rs. 1,17,500/- to petitioner no. 5, Rs. 1,34,850/- to petitioner no. 6, Rs. 20,200/- to petitioner no. 7, Rs. 80,000/- to petitioner no. 8, Rs. 37,900/- to petitioner no. 9 and Rs. 4,26,106/- to petitioner no. 10 being the principal amount + interest till realization and also to pay compensation of Rs. 50,000/- and litigation costs of Rs. 10,000/-.
- The case of the petitioners are that they deposited money before the o.p. company in the term deposit scheme and in the MIS scheme and in the recurring deposit scheme and the o.p. company issued certificates in the name of each petitioners mentioning their names and amount of deposit, date of commencement and date of maturity and also the estimated surrender value. The petitioner no. 1 had three such term deposits of Rs. 1,81,000/- with maturity value of Rs. 2,12,675/- and petitioner no. 2 had two such term deposits amounting to Rs. 96,000/- in total with maturity amount of Rs. 1,13,716/- mentioned in the said certificates. The petitioner no. 3 had two MIS, one RD and one term deposits totaling Rs. 1,21,600/- with maturity amount of Rs. 1,31,150/- in total, the petitioner no. 4 had actually invested Rs. 3,61,200/- with maturity amount of Rs. 4,08,500/- mentioned in the certificates. The petitioner no. 5 had only one term deposit of Rs. 1,00,000/- with maturity amount of Rs. 1,17,500/- and the petitioner no. 6 had three term deposits amounting to Rs. 1,12,000/- with maturity amount of Rs. 1,34,850/- and petitioner no. 7 had one MIS amounting to Rs. 2,00,000/- with maturity amount mentioned in the certificates, the petitioner no. 8 invested Rs. 80,000/- in MIS scheme and the maturity amount of MIS of Rs. 80,800/- and the petitioner no. 9 invested three term deposits totaling Rs. 33,000/- with maturity amount of Rs. 82,900/- and petitioner no. 10 invested in four term deposit, three MIS schemes and one R.D. totaling Rs. 2,63,000/- with maturity mentioned in the certificates and the total due from the o.p. company for all petitioners was Rs. 16,87,995/-. The maturity of the deposits started from 2013, 2014, 2015 and so on but the o.p. never paid any thing in spite of the petitioners approaching them and avoiding the petitioners stating that due to unavoidable circumstances they are unable to pay the maturity benefits and having no other alternative the petitioners then filed this case with the above prayers.
- The o.p. though served with notice did not appear in the case and thus the case is heard ex parte against them.
- The only point to be decided here is whether the petitioners are entitled to the reliefs as prayed for ?
DECISION WITH REASONS :
- In support of their case the petitioners filed affidavit in evidence and also the certificates issued by the o.p., Roofers Marketing Limited, showing their amounts of payment and also the maturity amounts and the dates of commencement and the dates of maturity but in spite of the fixed deposit amount being matured the o.p. did not make any payment and so the petitioner filed this case. The oral as well as documentary evidence filed by the petitioners proved their case as all the oral and documentary evidences went unchallenged and there is nothing to disbeliever the case of the petitioners. Thus the case is heard ex parte and allowed ex parte on the basis of available oral and documentary evidences.
In the result, the application succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. No. 27 of 2016 be and the same is allowed ex parte with costs against the O.P., i.e., Roofers Marketing Limited, represented by its chairman, Mr. Hirak Nath South.
The petitioners are entitled to the reliefs as prayed for. The O.P. is directed to pay the entire sum of Rs. 16,87,995/- to the petitioners as mentioned in the certificates along with interest @ 9% to each petitioner and to pay Rs. 50,000/- as compensation out of which Rs. 20,000/- would be paid to the petitioners and Rs. 30,000/- would be deposited in the Consumer Welfare Fund of this Forum and also the petitioners are entitled to get Rs. 10,000/- as litigation costs. The o.p. is to pay the above sum within 30 days from the date of this order i.d., the awarded sum shall carry interest @ 9% p.a. till realization.
The complainants are at liberty to put the 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.
