Narayan Chandra Paul,

s/o. Sri Khitish Chandra Paul,

residing at West Santinagar, P.O. Sapuipara, P.S. Bally,

District –Howrah,

PIN - 711 227----------------------------------------------------  COMPLAINANT.

-          Versus   -

1.    Amazan Agro Products Ltd.

now presently known as Amazan Capital Limited,

having its registered office at

Infinity Infotech 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

District – Howrah,

PIN -  711 202.

3.    The Branch Manager,

Punjab National Bank,

Belur  Branch, 13/1, Dharmatala Road,

District – Howrah,

Pin 711 202.-----------------------------------------------------------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.            Complainant. Shri Narayan Chandra Paul,  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.6,00,000/- being the principal and interest amount, along with further 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

invested Rs. 6,00,000/- in the O.P. no. 1’s company by way of issuing a cheque being no. 345845 dated 14-01-2011 drawn on Punjab National Bank, Belur Branch i.e.,  O.P. no. 3, in favour of O.P. no. 1 vide copy of bank statement is annexed  P 1 collectively. O.P. no. 1  issued  certificates being nos. 0000001215, folio no. 1117, 0000001216. Folio no. 1117, 0000001217, folio no. 1117,  0000001218, folio no. 1117 in favour of complainant where complainant’s wife is being nominee. All the certificates are dated as 01-02-2011. At the same time O.P. no. 1 promised to pay Rs. 7,000/- as interest for 36 months and at the time of maturity i.e., on 19-01-2014 to pay Rs. 6,00,000/- to the complainant vide P/2 series collectively. O.P. no. 1 paid interest of Rs. 7,000/- only for 14 months i.e., from March, 2011 ;to April, 2012. And since May,2012 O.P. no. 1 never paid any interest in respect of the above said cert5ificte to the complainant. Since then complainant started requesting O.P. no. 1 to pay all the interest amount but O.P. no. 1 remain totally silent on the issue. As a retired person,  complainant was compelled to rush from pillar to post to get interest amount as well as he was requesting O.P. no. 1 to pay his maturity benefit being Rs. 6,00,000/- on time which is yet to come. Moreover, complainant has been frustrated by the negligent behavior of O.P.no. 1. And it is also alleged by him that on the date of maturity i.e, 19-01-2014, O.P. no. 1, definitely, would not pay  his maturity benefit.

On the above premises, finding no other alternative complainant filed this instant petition  before this Forum 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.  Complainant

made the investment by cheque drawn on O.P. no. 3 which was 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 complainant 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 complainant, O.P.no. 1 made some promises to the complainant 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 complainant levelled against them remained unchallenged and uncontroverted. A person with a hope to get little more interest amount has invested his hard-earned money with O.P. no. 1. And O.P. no. 1 has showed tremendous negligence towards him by way of not giving  interest  amount since May,2012,  which has compelled us to accept complainant’s view that O.P. no. 1 would definitely fail to give the future maturity   amount of Rs. 6,00,000/- on 19-01-2014. 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. 241 of 2013 ( HDF 241  of 2013 )  be  allowed  ex parte  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.6,00,000/- to the complainant  on 19-01-2014 without fail i.d., this amount shall carry an interest @ 10% p.a. till actual payment..

      That the o.p. nos. 1 & 2  are further directed to pay interest amount of Rs. 7,000/- per month  since May,2012 till the date of maturity i.e., upto 19-01-2014 within 30 days from the date of this order  i.d., the entire amount shall carry interest @ 10% p.a. till actual payment.

      That the o.p. nos. 1 & 2  are further directed to pay an amount of Rs.25,000/- as compensation and Rs. 5,000/- as litigation costs to the complainant within one month from the date of this order i.d., this amount of Rs. 30,000/- shall carry an interest @ 10% p.a. till actual payment.  

      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