JUDGMENT : (Prayer: Civil Suit filed under Order VII Rule 1 of the Code of Civil Procedure and Order IV Rule 1 of the Original Side Rules, 1994 to pass a judgment and decree for the following reliefs:- (a) Directing the defendants to jointly and severally pay a sum of Rs.77,71,644.50 (Rupees seventy Seven lakh seventy one thousand six hundred forty four and fifty one paise) together with interest at 18% per annum from the date of plaint till the date of realisation. (b) Directing the defendants, jointly and severally, to pay a sum of Rs.25,00,000/- (Twenty five lakhs only) as damages to the plaintiffs for mental pain and suffering caused on account of the misappropriation and fraud perpetrated by the defendants : (c) To pay the costs of this suit: (d) To grant such other reliefs) 1. The suit has been filed for recovery of a sum of Rs.77,71,644.51 against the defendants jointly and severally together with interest and costs. The plaintiffs have also sought for a recovery of a sum of Rs.25,00,000/- as damages for the mental pain and suffering caused on account of the misappropriation and fraud perpetrated by the defendants. 2. The plaintiffs are members of one family. The second and third plaintiff are the wife and daughter of the first plaintiff. The fifth plaintiff is the sister of the first plaintiff. The fourth plaintiff is her husband. The seventh plaintiff is the brother of the first plaintiff. The eighth plaintiff is the wife of the seventh plaintiff. The sixth plaintiff is the sister-in-law of the first plaintiff. The plaintiffs have collectively, as one family, invested sums in the 1st defendant firm. The first defendant firm is run by defendants 2-4. The defendants 2 to 4 used the first defendant firm as a front to lure innocent citizens to invest their hard earned savings with a promise to return double the value in a short span of 134 days. 3. According to the plaintiffs lured by the representations of the defendants, the first plaintiff invested a sum of Rs.14,00,000/- with the first defendant which was transferred to the account of the first defendant by the first plaintiff through RTGS transactions, i.e., on 13.12.2018 (Rs.2,00,000/-); on 07.01.2019 (Rs.6,00,000/-) and on 10.01.2019 (Rs.6,00,000/-). 3. According to the plaintiffs lured by the representations of the defendants, the first plaintiff invested a sum of Rs.14,00,000/- with the first defendant which was transferred to the account of the first defendant by the first plaintiff through RTGS transactions, i.e., on 13.12.2018 (Rs.2,00,000/-); on 07.01.2019 (Rs.6,00,000/-) and on 10.01.2019 (Rs.6,00,000/-). According to the first plaintiff, his bank statements prove that the aforementioned transfers were made by the first plaintiff to the account of the first defendant. According to the first plaintiff, the first defendant issued a welcome letter dated Nil informing the first plaintiff that his money has been invested in seven different package plans with different daily pay outs. Under the seven payout plans, the first plaintiff has to be paid daily pay outs of Rs.21,000/- for a period of 134 days. According to the first plaintiff, pay outs were made by the first defendant only for the first few days and thereafter no pay outs were made by the first defendant. 4. According to the first plaintiff, the second and third and fourth defendants visited the first plaintiff from time and time and requested him to invest more money through his family and well wishers. According to the first plaintiff, he did not suspect the sinister motives of the defendants and he did not suspect that the entire operation of the first defendant was a scam luring innocent investors to part with their hard earned money. It is the case of the first plaintiff that several investors who have fallen prey to the fraud perpetrated by the defendants and they have been cheated to the extent of crores of rupees on the promise that their investment will be doubled in return. 5. According to the first plaintiff on the strength of the fraudulent representations, he also invested another sum of Rs.14,00,000/- in the name of his wife, the second plaintiff herein and the said amount was also transferred through RTGS to the account of the first defendant. As in the case of the investment made by the first plaintiff, same assurances were given by the first defendant for the investment made in the name of the second plaintiff also as the first defendant promised the very same return as was promised to the first plaintiff for his investment. 6. As in the case of the investment made by the first plaintiff, same assurances were given by the first defendant for the investment made in the name of the second plaintiff also as the first defendant promised the very same return as was promised to the first plaintiff for his investment. 6. The third plaintiff is the daughter of the first plaintiff and the first plaintiff has similarly invested another sum of Rs.14,00,000/- in her name with the first defendant and the same returns were promised. 7. As in the case of the plaintiffs Nos.1, 2 and 3, the other family members of the first plaintiff viz., 4th, 5th, 6th, 7th 8th plaintiffs have also invested a sum of Rs.6,00,000/- each, totally amounting to Rs.30,00,000/- with the first defendant company and similar returns were also promised to them as was promised to the plaintiffs 1 to 3 for their investments. Even for them also excepting for making pay outs for few days, the first defendant stopped making any pay outs thereafter. On 28.02.2019, a video is released by the second defendant tendering unconditional apology for the delay and promising the repayments to the investors from 12.03.2019. According to the plaintiffs the said promise was also not kept. The first plaintiff has lodged a criminal complaint against the defendants on 27.03.2019 with regard to the non return of the investments and an FIR in Crime No.156 of 2019 came to be registered against the defendants by the Crime Branch on 06.05.2019 for offences under Sections 409, 420 and 34 of the IPC. It is the case of the plaintiffs, that the 2nd defendant was arrested and later released on bail. According to the plaintiffs, it was learnt that the defendants had colluded with the Assistant Commissioner of Police, Thanavel and had attempted to escape the clutches of the law. According to the first plaintiff, he filed Crl. O.P. No.7622 of 2020 before this Court and by order dated 15.05.2020, this Court was pleased to direct the investigation to be monitored by the Deputy Commissioner of Police CCB, Vepery, Chennai. 8. According to the first plaintiff, he filed Crl. O.P. No.7622 of 2020 before this Court and by order dated 15.05.2020, this Court was pleased to direct the investigation to be monitored by the Deputy Commissioner of Police CCB, Vepery, Chennai. 8. Since the amounts have not been refunded till date with the promised return, the plaintiffs have filed the suit and they have given the particulars of the dues payable to them in paragraph No.12 of the plaint, which is extracted hereunder : Name Balance outstanding as on 28.10.2020 (Except Mrs.Udayarekha) E. Kandhan 13,50,624.66 K.Santhanalakshmi 14,37,091.18 K. Yamini 14,21,705.68 E. Ramadoss 6,76,567.5 R. Vasantha 6,76,567.5 Udayarekha (from 30.01.2019) 7,88,493.49 E. Srinivasan 7,10,297.25 Jothilakshmi 7,10,297.25 Total 77,71,644.51 9. The plaintiffs have also sought damages for the mental agony and pain caused to them for a sum of Rs.25,00,000/-. This Court by its order dated 26.08.2021 passed in A. No.1658 of 2021 permitted the plaintiffs to combine their cause of action against the respondents / defendants since all the plaintiffs are family members and all of them have been deceived by the defendants with regard to the investments made by them with the first defendant Company. 10. Substituted Service was ordered by this Court for service of suit summons on the defendants as the suit summons sent earlier by the plaintiffs were evaded by the defendants. The defendants were set exparte by this Court on 02.12.2021. 11. Mr.E. Kandan, the first plaintiff was examined as a witness (PW1) before the learned Master and he has deposed on behalf of the remaining plaintiffs also. In his deposition in the form of proof affidavit, he has reiterated the contents of the plaint filed in support of C.S. No.155 of 2021. Through PW1, the following documents have been marked as Exhibits : Exhibits Nature of the document Ex.P1 Online copy of investment details along with certified copy of bank statement of 1st plaintiff (65B certificate) Ex.P2 Online copy of investment details along with certified copy of bank statement and money transfers of K.Santhanalakshmi (65B certificate) Ex.P3 Online copy of investment details and along with certified copy of bank statement money transfers of Miss. Yamini(65B certificate) Ex.P4 Online copy of investment details along with certified copy of bank statement and money transfers of Ramadoss (65B certificate) Ex.P5 Online copy of investment details along with certified copy of bank statement and money transfers of E. Vasantha (65B certificate) Ex.P6 Online copy of investment details along with certified copy of bank statement and money transfers of S. Udayarekha (65B certificate) Ex.P7 Online copy of investment details along with certified copy of bank statement and money transfers of E. Srinivasan (65B certificate) Ex.P8 Online copy of investment details along with certified copy of bank statement and money transfers of S. Jothilakshmi (65B certificate) Ex.P9 (Series No.6 documents) Email sent by the 1st defendant (65B certificate) Ex.P10 Certified copy of the complaint given by the 1st plaintiff dated 27.03.2019 Ex.P11 Certified copy of FIR 156 of 2019 dated 08.05.2019 Ex.P12 Certified order passed in Cr. OP No.7622 of 2020 12. As seen from the pleadings and the evidence available on record, it is clear that all the plaintiffs have invested a total sum of Rs.72,00,000/- with the first defendant in which, the second, third and fourth defendants are its Directors and who have deceived the plaintiffs in investing huge sums of money on the promise of providing substantial returns for their investments. 13. The first plaintiff has also lodged a criminal complaint against the defendants and an FIR has been registered which is under investigation by the police and the proof of the same has also been filed which has been marked as Ex.P11 and Ex.P12. The details of the investments made by the respective plaintiffs have also been marked as Exhibits Viz., Ex.P1 to P8. 14. The details of the outstanding amount due and payable by the defendants to the plaintiffs have also been disclosed in paragraph No.12 of the plaint, which is in accordance with the agreement between the plaintiffs and the defendants. However, apart from seeking for recovery of the investments made by the respective plaintiffs together with their returns and interest, the plaintiffs have also claimed compensation towards mental agony on account of the fraud committed by the defendants to the extent of Rs.25,00,000/-. No evidence has been placed by the plaintiffs with regard to the said claim. The learned counsel for the plaintiffs on instructions would also submit that he is not pressing the claim for damages. No evidence has been placed by the plaintiffs with regard to the said claim. The learned counsel for the plaintiffs on instructions would also submit that he is not pressing the claim for damages. The said statement is recorded by this Court. 15. After perusing and examining the pleadings as well as evidence available on record, this Court is inclined to decree the suit insofar as the prayer No.(a) found in the paragraph No.17 of the plaint is concerned and insofar as prayer No.(b) in paragraph No.17, it is disallowed. The suit is therefore decreed for a sum of Rs.77,71,644.51, together with interest at 18% p.a. from the date of plaint till the date of realisation and the plaintiffs are also entitled for the costs of the suit.