DATE OF FILING                     :    24-12-2013.

DATE OF S/R                             :     07-03-2014.

DATE OF FINAL ORDER       :    11-12-2014.

1.         Shri Abhay Gobinda Goswami,     

son  of late Bijoy Gobinda Goswami,

residing at 222, Deshbandhu Nagar, Pandapara,

Jalpaiguri. 

2.         Subrata Goswami,

son of Sri Abhay Gobinda Goswami,  

residing at 222, Deshbandhu Nagar, Pandapara,

Jalpaiguri.    

3.         Shri  Gopal Debnath,  

            son of late Ganesh Debnath,    

residing at 53/3, Carry  Road, P.O. Santragachi,   

District – Howrah.

4.         Shri Rashbehari Ghosh,   

            son of Radharaman Ghosh,

residing at Dangapara, P.O. Pandapara, Kalibari,

Jalpaiguri,

5.         Shri Gobinda Das,     

son of Harendra Das,    

residing at 2 no. Oodlabari, Subhas Pally, Jalpaiguri,

PIN – 735222.

6.         Shri Shyamal Kumar Chatterjee,   

son of  Sudhir Chandra Chatterjee,

residing at Chunilal Road, pandapara,

Jalpaiguri – 735101.

7.         Smt. Adrija Ghosh,

Daughter of Shri Abhijit Ghosh,   

residing at 2 no. Oodlabari, Subhas Pally, Jalpaiguri,

PIN – 735222.

8.         Ashis Karmakar,   

son  of Haripada Karmakar,   

residing at Adarpara, P.O. & District - Jalpaiguri,

PIN – 735101.    

9.         Mithun Chatterjee,  

son of Sri Shyamal Chatterjee,  

residing at Chunilal Road, Pandapara,

Jalpaiguri.

10.       Anupam Ganguly,  

son of  Sri Sushil Ganguly,   

residing at 47/4, Dakshin Buxarah Lane, P.S. Shibpur,

District – Howrah.

11.       Smt. Aparna Ganguly,   

wife of  Anupam Ganguly,

residing at 47/4, Dakshin Buxarah Lane, P.S. Shibpur,

District – Howrah. ….………………………………………..  COMPLAINANTS.

• Versus -

   

         1. Royal International Shares Pvt. Ltd.,

  having its registered office at  Dinhata Road, New Town,

  Cooch Behar, PIN – 736101,

  also at 2/91, Dum Dum Road, 1^st floor, P.S. Dumdum,

  Kolkata – 700074 ( North 24 Parganas )

  and also at City Heights Building ( 4^th floor),

  40/C, Jessor  Road (S) Dukbunglo More,

  P.O. & P.S. Barasat, Kolkata – 700124,

  Head office at C-1094/1095, 1^st floor, Oberoi Garden Estate,

  Chandivali, Farm Road, Mumbai – 700072. 

   

        2.   Royal International Trading,

              being represented by its Managing  Director viz.

              Archana Deb Sarkar alias Archana Sarkar,

              having its office at New  Town, Dinhata Road,

              Coochbehar – 736101.  

3. Archana Deb Sarkar alias ArchanaSarkar,

wife of late Mrityunjoy Sarkar, CMD,

residing at Ketarhat  Anchal, P.O. Putimari ( Pbuleswari ),

village – Rakbalmari, District – Coochbehar,

PIN – 736157.

4. Subhas Chandra Das,

Managing Director,

residing at Indira Colony ( Nichu Colony )

near Gitanjali  Tour and Travel, Ward no. 1,

P.O. & District – Jalpaiguri – 735101.

5. Nilima Dey,

wife of late Provas Dey,

Managing Director,  

Residing at Old Sital Pati Hut, P.O. Ghugumari,

District – Coochbehar – 736170…………………………………………….Opposite Parties.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

F   I   N   A    L       O   R   D    E     R

1. Complainants 11 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 amount of  investments made by different complainants,  to pay an amount of Rs. 8,25,000/- in total as compensation  for causing mental agony and harassment and  litigation costs of Rs. 25,000/- along with other  orders as the Forum may deem fit and proper. 

2. Brief fact of the case is that complainants made investments fixed deposit, M.I.S. issued by the o.ps., on different dates vide  Annexures running pages 16 to 44 collectively. 

   3.     O.Ps.  promised to pay the monthly interest to the complainants on different dates in MIS  and  fixed deposit.  But it is alleged by the complainants that o.ps. have not paid the monthly interest since March, 2013 even after the expiry of  the due dates without any valid reason.  Complainants repeatedly went to the office of o.ps. in the months of April, 2013 onwards  but on different pleas they have returned the complainants  without giving their  monthly interest. So being hopeless different complainants filed separate application before the o.ps. on or after 08-08-2013 with a request to make arrangement for paying out the premature amount vide Annexures running pages 45 to 58 collectively. But o.ps. paid no heed to that request and no payment was made by the o.ps.   It is further stated by the complainants that with the monthly interest, 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. But o.ps. neither appeared but nor filed written version. Accordingly, case was heard ex parte.

5. Two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

1. 2. Whether the complainants are entitled to get any relief as prayed for ?

    

   DECISION  WITH   REASONS      :

    

   6. Both the points aretaken up together for consideration. We have carefully gone through the complaint petition along with annexures filed by the complainants and noted its contents. Complainants  invested very large amount  in the o.ps.’ company. It is a fact that o.ps. have failed to pay the monthly interest since March, 2013 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 its  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, complainant is, thereby, truly prejudiced which can be very well understood by a man of common prudence. As the o.ps. failed to pay the regular monthly interest to the complainants, complainants became totally hopeless about getting their maturity amount on the scheduled due dates. So they have filed the application for getting the amount of their principal investments prematurely.  Moreover, the o.ps. have not cared to appear before the Forum even after receiving summons. No W/V has been filed by them which clearly shows that they have nothing to put forward in their favour. And the complaint petition remains unchallenged and uncontroverted. And we have no difficulty to believe the unchallenged testimony of 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. 460  of 2013 ( HDF 460  of 2013 )  be  allowed ex parte  with  costs  against  the O.Ps.     

      That the  O.Ps.  are jointly and severally   directed   to pay the maturity amount of all investments of the complainants with respect to the certificates held by them with upto date monthly due interest  within one month from this order  i.d., @ 10% p.a. interest shall be charged on the entire decreetal amount till actual payment.       

      The complainants do get an award of Rs. 22,000/- as compensation and  litigation cost of Rs. 5,000/-  and o.ps.  are directed to pay the same within one month from this order i.d. amount shall carry an interest @ 10% 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.