DATE OF FILING                    :     01.07.2014.

DATE OF S/R                            :      05.08.2014.

DATE OF FINAL ORDER      :     29.06.2015.  

1. Rajesh Kumar Shaw,

son of Umashankar Shaw,

residing at 139, Narkeldanga Main Road,

P.O. and P.S. Narkeldang, Kolkata 700 011.

2. Manish Kumar,

son of Satyadev Prasad.

3. Rita Mondal,

wife ofGopi Mondal.

4. Md Asif,

son of Anuap Ahamad.

5. Kailash Prasad,

son of Jhakar Prasad.

6. Bina Sarkar

wife ofNimai Sarkar.

7. Asraf Ali Gazi,

son of Imam Ali Gazi.

8. Basanta Chowdhury,

son of Late Subol Chandra Chowdhury

9. Asgar Ali Gazi,

             son of Imam Ali Gazi.

10. Sanjit Gupta

son of Lal Chand Gupta ...…………………………………… COMPLAINANTS.

• Versus   -

Unicorn Infratech India Ltd.,

having its corporate office at 26/C1, Jubilee Park,

Kolkata 700040, and Howrah – 711101.

and having its

Branch Office

at Uluberia Bazarpara,

P.S. Uluberai, District Howrah,

being represented but its

Managing Directors,

viz.( i ) Sri Himadri Chakraborty,

son of Rakhal Chakraborty,

( ii ) Swapan Sengupta,

son of Sushil Sengupta,

(iii ) Sukanta Biswas,

Son of Sukumar Biswas….…………………………………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,  L.l.b., ( Retired Railway Officer ).   

                                                F  I   N   A    L       O   R   D    E     R

1. This is an application  U/S 12 of the C.P. Act, 1986 filed by the petitioners  praying for direction on the o.ps. to pay Rs. 1,84,350/- to the petitioners and to pay compensation for a sum of Rs. 1,00,000/- for physical and mental harassment and Rs. 10,000/- as litigation costs. 

2. Further the case of the petitioners is that they deposited Rs. 1,84,350/- in total  in the various schemes of the o.p. in the form of fixed deposits, recurring deposits  for earning their livelihood but the o.ps. made their lives miserable and they are now knocking from door to door for getting back their money as the o.ps. are not paying any farthing towards their investments and compelling the petitioners to file this case and the cause of action of this case arose on August, 2013 when the petitioners went to the office of the o.p. and asked them to pay the maturity benefits and the o.ps. informed that due to unavoidable circumstances they are unable to pay the monthly installments of returns and also not the principal amount. 

3. The defence case of the o.ps. is that the o.ps. Unicorn Infratech India Ltd. being represented by Managing Director and others contested the case by filing a written version wherein they denied the allegations as false and further  submitted that they are in no way connected with the case and the case against them be rejected by this Forum and they were employees of the company and no more   representing the company and has no role to play as they have already resigned and cannot say any thing regarding payment of the deposited amount and so the case be dismissed against them.

4. The o.ps. appeared in the case and filed written version but  after that the o.ps. did not contest the case so the case is heard ex parte against them.  

5.         On the above cases of the parties the only point to be decided here whether the petitioners are entitled to get the relief as prayed for ?

DECISION  WITH   REASONS      :

6. The above  issue is   taken up  for  hearing the case on merit. This Forum  scrutinize the cases of the parties and the oral documentary evidences in the form of affidavits and certificates which all went unchallenged and there is nothing to disbelieve the said documents as well as affidavit of the petitioners which prove the case of the petitioner’s ex parte and thus the petitioners succeeded in proving the case ex parte as they successfully substantiated the case.   

In the result, the case succeeds.

      Hence,                             

O     R     D      E      R      E        D

      That the C. C. Case No. 361 of 2014 ( HDF 361 of 2014 )  be   and the same is allowed ex parte with  cost  against  the O.Ps.

      The O.Ps. be directed to pay Rs. 1,84,350/- to the petitioners within 30 days from the date of this order.

      The o.p. do also pay a sum of Rs. 10,000/- for causing mental pain and prolonged harassment to the complainants as compensation.

      The complainants are also entitled to a litigation cost of Rs. 5,000/-.

      The o.ps. are directed to make the above payments by the stipulated time i.d.,  the hole amount to carry interest @ 9% after that stipulated time and also the complainants are at liberty to put the final order  into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (    B. D.  Nanda   )                                               

  President,  C.D.R.F., Howrah.