DATE OF FILING : 29.04.2015.
DATE OF S/R : 24.07.2015.
DATE OF FINAL ORDER : 11.09.2015.
Smt. Bidusa Patra,
wife of Sri Dilip Kumar Patra,
village Mallagram, P.O. Amta, Howrah,
PIN 711401. ………………………………………………………… COMPLAINANT.
1. The Omisha Reality ( India ) Ltd.,
having its registered office at
Village Jangalpara, P.O. & P.S. Udaynarayanpur,
Howrah – 711226.
2. Mr. Susanta Das,
the Chairman and Managing Director,
the OMISHA Reality ( India ) Ltd.,
regarding at near Rail Gate, Village & P.O. Begampur,
Hooghly 712305
and also
c/o. Bhola Nath Seal,
at Hattala Dakshin Begumpur, Chanditala,
Hooghly 712306. …………………………………………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 petitioner, Bidusha Patra, praying for a direction upon the o.ps. to pay Rs. 27,200/- with interest and to pay compensation of Rs. 50,000/-.
- The case of the petitioner is that having purchased redeemable preference shares of Rs. 10/- each the petitioner invested Rs. 20,000/- in total and as per terms of payment he was to get Rs. 300/- per month but the o.ps. paid the monthly interest for few months till March, 2013 and then discontinued and lastly denied to make payment compelling the petitioner to file this case.
- 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 him.
- The only point is decided herein whether the petitioner is entitled to get the relief as prayed for ?
DECISION WITH REASONS :
5. In support of his case the petitioner filed before theForum affidavit as well as documents like the memorandum and articles of association and also certificate of incorporation and certificate for commencement of business and documents like redeemable preference share certificate issued in the name of the petitioner and the payment receipt and others which proved the case of the petitioner ex parte and all this oral and documentary evidences went unchallenged and there is nothing to disbelieve the case of the petitioner which is proved 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. 165 of 2015 ( HDF 165 of 2015 ) be and the same is allowed ex parte against o.ps. without costs.
The petitioner is entitled to the reliefs as prayed for and the o.ps. are directed to make payment of Rs. 27,200/- to the petitioner being the amount with 9% p.a. interest from the date of maturity till realization and also entitled to Rs. 10,000/- as compensation for physical and mental harassment.
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.
