DATE OF FILING                    :     19-06-2014.

DATE OF S/R                            :      22-07-2014.

DATE OF FINAL ORDER       :     05-02-2015.  

1. Sri Gobinda Dey,

   son of late Sital Dey, village Kharsarai ( Madhyampara ),

   P.O. Kharsarai, District Hooghly,

   PIN 712304.

2 Sumita Dey,

wife of Gobinda Dey, village Kharsarai ( Madhyampara ),

P.O. Kharsarai, District Hooghly,

PIN 712304.

3. Rakesh Dey,

son of  Gobinda Dey,

village Kharsarai ( Madhyampara ),

P.O. Kharsarai, District Hooghly,

PIN 712304.

4. Banamali Kundu,

son of late Kalipada Kundu,

village Kharsarai ( Madhyampara ),

P.O. Kharsarai, District Hooghly,

PIN 712304.

5. Rash Behari Sen,

son of late Balai  Chandra Sen,

village Kharsarai ( Madhyampara ),

P.O. Kharsarai, District Hooghly,

PIN 712304…………………………………………………...  COMPLAINANTS.

• Versus -

   

  1.         The Chairman & Managing Director,

  Weird Industris Ltd., Bhagyalaxmi Building, Dasnagar,

  Howrah 711105.

   

  2.         Mr. Chand Mohan Ghosh,

  Director, Weird Industries Ltd.,

  Bhagyalaxmi Building, Dasnagar,

  Howrah 711105.

   

  3.         Gopal Dalapati,

  Director, Weird Industries Ltd.,

  Bhagyalaxmi Building, Dasnagar,

  Howrah 711105.

   

  4.         The Chairman & Managing Director,

  Weird Infrastructure  Corporation Ltd.,

  34C/24, Nawab Yusuf Road, Civil Lines,

  Allahabad, U.P.

  PIN  211001. ……………………………………….............OPPOSITE PARTIES.

   

   

                                                  P   R    E     S    E    N     T

   

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

  Member       :     Smt. Jhumki Saha.

   

  Member      :      Shri Subrata Sarker.

   

                                                   F  I   N   A    L       O   R   D    E     R

   

• 1. Complainant, five 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 the maturity amount as well as the principal amount of all investments, to  pay  compensation @ 10% of total amount of investments  and Rs. 15,000/- as litigation costs along  with other relief or reliefs as the  Forum may deem fit and proper. 

2. Brief fact of the case is that complainants madeinvestmentsin the scheme of monthly interest schemes of o.ps. The o.ps.issued certificates vide Annexures in favour of the complainant which areas follows :

1. M.I.S. Certificate Nos. RISD-01601889, 01627941, M01-20122511-N, 20063600-N, IMID-01695422, 20008010-N, 20000788-N, 01714498, 01654420.

    

2. M.I.S. Certificate Nos. 04826462-04826961, RISD-01614272, M01-20067430-N, RISD-01639277, MID-01663248.

    

3. M.I.S. Certificate Nos. M01-20133737-N,

    

4. M.I.S. Certificate Nos. 04827232-04827481,

    

5. M.I.S. Certificate Nos. RISD-01629903.

3. O.P.promised to pay the monthly interest as well as the maturity amount on the due dates to the complainants. O.ps. paid the monthly interest regularly upto November, 2012. Complainants  repeatedly went to the office of o.ps but on different  pleas they have returned the complainants  without giving their  monthly interest amount and maturity amount. It is further stated by the complainants  that due to this non action and gross negligence on the part of the o.ps., complainants have  been compelled to face tremendous problem due to scarcity of money with which  they were  supposed to meet  their day to day expenditure, 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. Notice was served. O.ps. neither appeared nor filed any 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. 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 in the o.ps. company. It is a fact that o.ps. have failed to pay the monthly interest since December, 2012 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 their promise which they made on the face of the certificates issued by them in favour ofcomplainants. 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. 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 failedto keep promise which certainly amounts to deficiency inservice coupled with unfair trade practice on theirpart 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. 341  of 2014 ( HDF  341  of 2014 )  be  allowed ex parte  with  costs  against  the O.Ps.     

      That the  O.Ps.  are jointly and severally   directed   to pay the maturity amount  as well as principal amount  along with upto date monthly due interest  in terms of the certificates in question to the complainants  within one month from this order  i.d., @ 9 p.a. interest shall be charged on the entire decreetal amount till actual payment.

            The complainants do get an award of Rs. 5,000/- as compensation and Rs. 2,000/- litigation cost and o.p.  is 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.