West Bengal

South 24 Parganas

CC/281/2015

Imtiazuddin Ahamed, S/O Late Nazrul Islam. - Complainant(s)

Versus

1. Director Tribhuvan Agro Projects Ltd. - Opp.Party(s)

Ayesha Sultana.

05 May 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _281_ OF ___2015__

 

DATE OF FILING : 12.6.2015                     DATE OF PASSING JUDGEMENT:  5.5.2016__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT             :     Imtiazuddin Ahmed, s/o late Nazrul Islam of Vill. & P.O Banglani, P.S. Swarupnagar, Dist. North 24-Parganas, Pin-743286.

 

-VERSUS  -

 

O.P/O.Ps                            :  1. Director, Tribhuvam Agro Projects ltd. Room no.3, Ground Floor, Dudhanai, P.O Piyali Town, Baruipur, South 24-parganas, Pin-743387.

                                              2.    Ansar Ali,s/o Nur Islam Molla.

                                              3.     Haran Mondal, s/o Bimal Mondal

                                             Both 2 & 3 are reesdiign at Vill. & P.O Nirman, P.S. Swarupnagar, Dist. North 24-parganas, Pin-743286,

_______________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President       

The application under section 12 of the C.P Act ,1986 has been filed by the complainants on the ground that complainant has invested Rs.9 lacs to the O.P-1 ,wherein O.P nos. 2 and 3 are the agents who convinced the complainant and invested the money on a false promise, that is why, complainant has invested from time to time Rs. 9 lacs with the assurance that he will get monthly benefit of Rs.18,400/- . But ultimately all assurance was failed in vein and complainant sent three legal notices to the O.Ps and even lodged a complaint before the Assistant Director of Consumer Affairs and Fair Business Practice ,South 24-Parganas ,but all in vein. It has further stated that since the O.P refused to pay the dues and monetary benefits to the complainant, hence this case with a prayer to return the capital invested amount ,if they failed to continue their business along with compensation of Rs.3 lacs causing mental harassment and mental agony which is a deficiency in service as well as litigation cost.

The O.P-1 appeared along with vakalatnama but inspite of giving several opportunities did not file written version and did not contest the case. The other O.Ps inspite of service of notice did not appear and contest the case, for which, case is proceeding in exparte against all the O.Ps.

Point for decision in this case is whether there si any deficiency in service on the part of the O.Ps or not.

 

                                                Decision with reasons

We have perused the Project Benefit Certificate issued by Tribhuvan Agro Project Ltd. ,O.P-1, wherefrom it is clear that Rs.9 lac was invested by the complainant with the O.P-1 and there was an assurance with that certificate issued by the O.p-1 regarding the expected benefit of Rs.4000/- . Thus the complainant has been able to prove his case as true . But it is unfortunate to point out that in the prayer portion of the case complainant has stated “ directing the O.Ps to return capital invested amount if they failed to continue their business”.

Although the O.P-1 appeared but did not file written version. So, it is very difficult to hold that O.P really wanted to continue their business or not since complainant wanted to get back the capital invested amount only if the O.P failed to continue their business. So, that portion of willingness to continue the business by the O.P has not yet been proved by the complainant by any evidence. But from the evidence of the complainant it appears from para 7 that complainant wanted to return back the invested amount along with compensation and due interest. So, by filing the evidence complainant has expressed his desire to get back the invested money. Accordingly, we cannot disbelieve the unchallenged testimony of the complainant, particularly when it is based on the documentary evidence i.e. Certificate of investment along with assurance letter sent by and on behalf of the O.P-1.

Hence,

                                                            Ordered

That the case is allowed in exparte against the O.Ps.

The O.Ps are jointly and/or severally directed to return the invested money of Rs.9 lacs together with interest @9% p.a from the date of issuance of certificate of each part of amount till realization within 30 days from the date of this order.

The O.Ps are also jointly and/or severally directed to pay compensation to the tune of Rs. 1 lac together with litigation cost of Rs.5000/- which shall be paid within 30 days along with the invested amount with interest accrued thereon, failing which complainant is at liberty to execute the order through this Forum by a separate proceedings.  

Let a plain copy of this order be sent to the O.Ps through this Forum through speed post and one plain copy be handed over to the complainant free of cost.

 

Member                                                                                                                       President

Dictated and corrected by me

 

 

                        President

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

                                   

                                                Ordered

That the case is allowed in exparte against the O.Ps.

The O.Ps are jointly and/or severally directed to return the invested money of Rs.9 lacs together with interest @9% p.a from the date of issuance of certificate of each part of amount till realization within 30 days from the date of this order.

The O.Ps are also jointly and/or severally directed to pay compensation to the tune of Rs. 1 lac together with litigation cost of Rs.5000/- which shall be paid within 30 days along with the invested amount with interest accrued thereon, failing which complainant is at liberty to execute the order through this Forum by a separate proceedings. 

Let a plain copy of this order be sent to the O.Ps through this Forum through speed post and one plain copy be handed over to the complainant free of cost.

 

Member                                                                                                                       President