DATE OF FILING : 20.06.2016.
DATE OF S/R : 14.09.2016.
DATE OF ORDER : 19.04.2017.
1. Smt. Mallika Das,
wife of Sankar Das,
2. Abhinandan Das,
son of Sri Sankar Das,
3. Avijan Das,
Son of Sri Sankar Das,
4. Pannalal Das,
son of late Jugol Kishore Das,
all are residing at 37/1, I.R. Belilious Lane, P.S. Bantra,
District Howrah,
PIN 711101.………………………..……….……………..… COMPLAINANTS.
URO INDRA REALITY INDIA Ltd.
being represented by its Director viz.
Biswap;riya Giri,
Having its registered office at
1/1 B/1, Ramkrishna Naskar Lane,
Kolkata 700010,
also at 94, Matheswar Tala Road,
P.S. Tiljala,
Kolkata 700046,
having its branch office at 36/38/1, 2nd floor,
Uday Sper Market, Santragachi,
Howrah 711104.…...…………………….…………………………OPPOSITE PARTY.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
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 ( as amended up to date ) filed by the petitioners, Smt. Mallika Das and three others, against the o.p., URO INDRA REALITY INDIA Ltd., praying for directions upon the o.p. to pay invested amount of Rs. 10,89,600/- along with compensation of Rs. 1,00,000/- and Rs. 10,000/- as litigation costs.
- The case of the petitioners is that the petitioner no. 1, Smt. Mallika Das, made actual investment of Rs. 3,50,000/- in total in four MISs of the o.p. company and the commencing on 9,06,2011, 6.7.2011 and 11.8.2011 & 28.12.2012 respectively with respectively maturity dates 8.6.2016, 5.7.2014, 10.8.2016 & 19.3.2016. The petitioner no. 2 invested Rs. 50,000/- in the MIS of o.p. commencing on 31.10.2011 with maturity date 28.2.2013. The petitioner no. 3 invested Rs. 50,000/- in the MIS commending on 31.10.2011 with date of maturity on 30.10.2017. The petitioner no. 4 invested two MISs amounting to Rs. 1,50,000/- in total commencing on 21.3.2011 and 11.4.2011 with maturity dates on 20.3.2016 and 10.4.2016.
- The petitioners went to the branch office of the o.p. for payment but the o.p. told that the MISs amount were not ready and they would inform shortly. The petitioner again came to the o.p. who failed to pay the monthly benefit from Feb’13. The petitioner then approached the o.p. for making arrangement of monthly installments as well as making payment of principal investment but they did not pay heed and thus compelling the petitioners to file this case when the certificates already got matured on 19.3.2016, 20.3.2016 and 8.6.2016.
- The o.ps. though served with notices yet they refused to accept the same and also did not appear personally for contesting the case which is heard ex parte against the o.p. though on this date one counsel for O.P. appeared and wanted to contest this case but once the case fixed for exparte hearing the power of court is restricted.
- The only point to be decided here is whether the complainants are entitled to the reliefs as prayed for ?
DECISION WITH REASONS :
- In support of their case the petitioners filed affidavit in evidence as well as their MIS certificates showing payment ofRs. 3,50,000/- by petitioner no. 1, Rs. 50,000/- by petitioner no. 2, another Rs. 50,000/- by petitioner no. 3 and Rs. 1,50,000/- by petitioner no. 4and they are entitled to their invested amounts + interest on the MISs in the form of benefit. The oral and documentary evidences filed by the petitioners went unchallenged and there is nothing to disbelieve the case of the petitioners resulting which the case is proved ex parte against the o.p.
In the result, the application succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 206 of 2016 ( HDF 206 of 2016 ) be and the same is allowed ex parte with costs against the o.p.
The petitioners are entitled to the reliefs as prayed for. The o.p. is directed to pay the matured amount to the petitioners after the period of maturity that is in case of matured schemes, the o.p. to pay the matured sum to the petitioners within 30 days from the date of this order and in other cases where schemes are not matured then the o.p. is to pay such amount when the schemes to mature or on the actual money paid by the petitioners with interest @ 9% p.a. from the date of deposit till realization.
The o.p. is further directed to pay Rs. 50,000/- out of which Rs. 10,000/- would go to the petitioners as compensation and rest Rs. 40,000/- would be deposited in the Consumer Legal Aid Account of this District Forum within 30 days from the date of this order and Rs. 10,000/- as litigation costs.
Supply the copies of the order to the petitioners, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
