DATE OF FILING : 01.07.2014.
DATE OF S/R : 05.08.2014.
DATE OF FINAL ORDER : 29.06.2015.
Sayak Champati,
son of Sri Partha Pratim Champati,
residing at L-115/1, S.S. Township,
Kolkata 700 061.
- Nandita Champati,
wife of Partha Pratim Champati.
- Partha Pratim Champati,
son of late P.Chandra Champati.
- Subhas Dhara,
son of late Panchanan Dhara.
- Sarfaraj Khan,
son of late Sajahan Khan.
- Kriteeka Haldar,
daughter of Nikhil Ranjan Haldar.
- Anjali Haldar,
wife of Nikhil Ranjan Haldar.
- Kriyanta Haldar,
son of Sri Nikhil Ranjan Haldar.
- Nikhil Ranjan Haldar,
son of late S.Chandra Haldar.
- Hrisikesh Mondal,
son of late Amulya Charan Mondal……...………………… 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 ) Swapan Mondal,
son of Banamali Mondal
(iv ) Giren Mondal
Son of Hazari Mondal
(v ) Sundar Sardar
Son of Bhadreswar Sardar.…………………………………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
This is an applicationU/S 12 of the C.P. Act, 1986 filed by the petitioners praying for direction on the o.ps. to pay Rs. 7,63,568/- 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.
Further the case of the petitioners is that they deposited Rs. 7,63,568/- 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.
- 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 morerepresenting 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.
- 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. 421 of 2014 ( HDF 421 of 2014 ) be and the same is allowed ex parte with cost against the O.Ps.
The O.Ps. be directed to pay Rs. 7,63,568/- 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.
