1.      CHHANDAR HAZRA,

W/O Sri Arun Hazra,

Belur ESI (TB) Hospital,

Quarter no. 6/2, P.O. Sapuipara, P.S. Belur,

District –Howrah,

2.      Shreyoshi Hazra,

D/O Sri Arun Hazra,

Belur ESI (TB) Hospital,

Quarter no. 6/2, P.O. Sapuipara, P.S. Belur,

District –Howrah,------------------------------------------------------  COMPLAINANT.

-          Versus   -

1.    Amazan Agro Procucts Ltd.

Now Presently known as Amazan Capital Limited,

Infinity Infortch Park Tower – 1, 2^nd Floor,

Plot no. A3, Block – GP, Sector – V,

Salt Lake City, Kolkata 700 091.

2.    Ranjit  Saha,

S/O Lt. Aditya Saha, 43/17/B, Bidhan Pally,

Belur Dharmatala Road, P.S. Bally

Dist Howrah 711 202.

3.    The Branch Manager, State Bank of India,

Ghoshpara Branch, D.C. Neogi Road (North),

Belur Pin 711 227

.--------------------------------------------------OPPOSITE PARTIES.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.Complainants. Chhanda Hazra & Shreyoshi Hazira,  by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the O.P. nos. 1 & 2 to pay Rs. 7,20,000/- being the final return including interest till actual payment, to pay Rs. 7,00,000/- in total as compensation for causing mental and physical harassment along with Rs. 25,000/- as litigation costs and  other  order or orders as the Forum  may deem fit and proper. 

2.Brief facts to  the case is that on being convinced by O.P. no. 2, complainant no. 2 invested Rs. 3,00,000/- in the O.P. no. 1’s company by way of issuing a cheque being no. 946406 dated 10-02-2010 drawn on SBI,  Ghoshpara Branch, being O.P. no. 3, in favour of O.P. no. 1 vide copy bank statement is annexed, P-2 collectively. O.P. no. 1 issued a certificate being no. AC-SRDCT-SR1-SCII-E-2636, folio no. 2119 and one post dated cheque of Rs. 3,00,000/- being no. 002636 dated 10-02-2013 in favour of complainant no. 2 vide Annexure ‘P2’ series collectively. O.P. 1 also promised to pay Rs. 3750/- as interest for 36 months And O.P. no. 1 paid interest amount of Rs. 3,750/- for the period of 24 months from 16-03-2010 to 28-03-2012. But no interest was paid after 28-03-2012 till date by O.P. no. 1 to the complainant no 2. It is further stated by the complainants that after receiving the first monthly interest, O.P. no. 1 again convinced them to make further investment of Rs. 2,00,000/-.  For that purpose, complainant no. 1 issued one cheque of Rs. 2,00,000/- being no. 946407 dated 15-03-2010 drawn on the same branch of S.B.I. i.e., O.P. no. 3. O.P. no. 1 again issued one certificate being no. AC-SRDCT-SR1-SC II-E-3333, folio no. 2733 and one post dated cheque of Rs. 2,00,000/-  being maturity amount vide  no. 003333 dated 19-03-2013 in favour of the complainant no.1. Here also O.P. 1 promise to pay Rs.2500/- as interest for 36 months vide annexure P4 collectively. But O.P. 1 paid such interest for 24 months i.e. from 26-04-2010 to 30-03-2012. After 30-03-2012 no interest was paid. In first case, complainant no.1 is the nominee and second case complainant no2 is the nominee. Again, on being convinced by O.P. no. 1, complainant no2 invested a further amount of Rs. 10,000/- in cash for which O.P. no. 1 issued one certificate being no. AC-SRDCT-SR1-SC 1-D-4486, folio no. 2119 and one post dated cheque being no.004486 of Rs. 1,00,000/-, being maturity value, dated 03-05-2023 vide  Annexure ‘P5’ series collectively. After receiving three installments of interest amount, O.P. no. 1 could again convince the complainants and complainant no1 further invested an amount of Rs. 2,00,000/- by cheque being no946408 dt.21-05-2010 drawn on  O.P. no. 3. O.P. 1 again issued a certificate being no. SE-SRD CT-SR 1-SC I-E-6004, folio no. 2733 and postdated cheque being no.911885 for an amount Rs.2,00,000/- with a promise to pay Rs.2500/- as interest for 36 months till maturity i.e. 25/05/2013 vide annexure P6 collectively. But O.P. no. 1 paid such interest only for 21 months i.e. from 19.06.2010 to 30.03.2012. After 30.03.2012 no interest was paid to complainant no.1. In this case Complainant no.2 is nomine. After making 7 installment of interest against above three certificates, complainant no.1 again invested Rs.10,000/- by issuing a cheque being no.946409 dt.06-07-2010. O.P. I issue a certificate being no. CPS A0000000097, folio no. 283 with a promise to pay Rs.14500/- at the time of maturity i.e. on 06-07-2013 vide annexure P7 collectively. But it has become very unfortunate when complainant did not get any interest since 30-03-2012 towards the investments of Rs. 3,00,000/-, Rs. 2,00,000/-, Rs.2,00,000/-. O.P. no. 1 has not even paid the maturity value of some certificates. It is alleged by the complainants that only to gain complainant’s faith and belief, O.P. no. 1 issued all post-dated cheques to collect various amounts from the complainants. It is nothing but an unfair trade practice which was adopted by O.P. no. 1 to make some illegal and unlawful gain.  However, complainant went to the office of the O.P. no. 1 and submitted original certificates on the date of maturity for getting maturity amounts. At that time O.P. 1 informed them that the name of company has been changed and they should retune all previous cheque. On good faith, complainant returned all the cheques except cheque no. 911885 dt. 25-05-2013. On 05-06-2013 to get the maturity amount of Rs.7,00,000/-, complainant went to the office of O.P. 1 but O.P. no. 1 informed them that cheque has not been prepared and they should come after few days. Even they requested on 14-06-2013, but O.P. no. 1 remained silent without giving  them the maturity amount of Rs. 7,00,000/-. Even with great hope, complainant deposited that cheque no. 911885 on 25-05-2013 but the same was dishonored. Finding no other alternative and being frustrated, complainants filed this instant petition praying for the aforesaid relief.

3.                  Notices were served. Although only O.P. no. 2  appeared once but none of the O.Ps. filed any written version. Accordingly, the  case was heard ex parte.

4.                  Upon pleadings of complainant  two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.                  Both the points are  taken up together for consideration.            Complainants made

investments by cheque drawn on O.P. no. 3 which were duly encashed by O.P. no. 1 without any problem. So, there is no deficiency on the part of the O.P. no. 3. O.P. no. 2 is  the agent of O.P. no. 1. He convinced the complainants on behalf of O.P no. 1. O.P. no. 1 is the principal. Accordingly, for each and every act of  O.P. no. 2, O.P. no. 1 is vicariously liable and responsible. By way of issuing certificates in favour of the complainants, O.P.no. 1 made some promises to the complainants which O.P. no. 1 miserably failed to comply with. To receive some amount with a certain promise is equal to a contract. And even after receiving the summons of this Forum, O.P no. 1 has never appeared or filed any written version which clearly shows that they have nothing to put forward in their favour.  And all allegations of the complainants levelled against them remained unchallenged and uncontroverted. Complainants with a hope to get little more interest amount, have invested their hard-earned money with O.P. no. 1. And O.P. no. 1 has showed tremendous negligence towards them by way of not giving their maturity amount, which has compelled us to accept complainants’ view that O.P. no. 1 would definitely fail to pay all maturity   amount of Rs. 7,00,000/-. Accordingly, we hold O.P. no. 1 to be deficient in providing service as well as O.P. no. 1 has adopted unfair trade practice  which should not be allowed to be perpetuated.  

Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 240 of 2013 ( HDF 240  of 2013 )  be  allowed exparte with  costs  against  the O.P. nos. 1 & 2 and dismissed against O.P. no. 3 without costs.   

      That the  O.P. nos. 1 & 2  are jointly and severally directed to pay Rs.7,20,000/- within 30 days from the date of this order.

      That the o.p. nos. 1 & 2  are further directed to pay an amount of Rs.35000/- as compensation and Rs. 5,000/- as litigation costs to the complainant within one month from the date of this order.

      If the o.p. nos. 1 & 2  fail to comply the above order in toto within the stipulated period, the entire amount of Rs7,60,000/-. shall carry an interest @ 10% p.a. till full realization.  

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

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

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.

 ( Jhumki Saha )                         ( P. K. Chatterjee )                (T.K. Bhattacharya  )

 Member,                                     Member,                                President,

 C.D.R.F.,Howrah.                     C.D.R.F.,Howrah.                 C.D.R.F.,Howrah