DATE OF FILING : 11-04-2014.
DATE OF S/R : 23-06-2014.
DATE OF FINAL ORDER : 08-09-2015.
Sri Radha Kanta Pal,
son of Sri Basudeb Pal, of village &
P.O. Radhapur, P.S. Shyampur,
District. Howrah,
Pin 711 301. ………………………………………………….. COMPLAINANT.
1. Asis Kapri
son of. Chittaranjan Kapri,
Vill. & P.O. Sasati,P.S. Shyampur,
District. Howrah,
Pin 711 301.
2. Sukumar Fadikar,
son of Upendranath Fadikar,
Vill. & P.O. Jallabaj,
P.S. Shyampur,
Howrah 711 314.
3. Subasis Manna
son of Janaki Manna,
Vill. & P.O. Dakhin Shibpur,
P.S. Shyampur, District Howrah,
PIN 711 314………………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Radha Kanta Pal, 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. to refund all deposited money with interest, to pay litigation costs of Rs. 10,000/- along with other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainant purchased 55000 bricks from Ananda Brick. Field run by O.P.1 on 03-11-2011 for a total consideration amount of ₹2,39,250 vide money receipts of different dates. The money receipts were duly signed by O.Ps. 1 & 3. O.P.3 is the manager of O.P.1. But O.P.1 never supplied any bricks to the complainant. Neither he returned the money deposited by the complainant. Suddenly it came to the knowledge of the complainant that O.P.1 has sold his company to O.P.2 and all the liabilities of the company would be borne by O.P.2. So, complainant requested O.P. 2 to supply the bricks but O.P. no. 2 neither supplied the brick nor returned the money to the complainant. So, complainant sent legal notice on 06-12-2013 to O.P.s. Although they received the same but no fruitful result came out. Being frustrated and finding no other alternative, complainant filed this instant case praying for the aforesaid prayers.
3. Notices were served upon O.P.s. O.P. nos. 1 & 2 appeared. O.P.1 filed BNA & O.P.2 filed written version but O.P.3 neither appeared nor filed any W/V. Accordingly, the case was heard on contest against O.P.s 1 & 2 and ex parte against O.P.3.
- Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- We have carefully gone through the W/V of O.P.2 and noted its contents. It is admitted position that the entire share of O.P.1 in the company named, Ananda Brick Mfg. Co. was taken over by O.P. 2 vide agreement dt. 29-07-2012. And the total liability of ₹45,00,000 was agreed to be borne by O.P.2. It is also surprising to note that once in para 10 of W/V, O.P.2 has described O.P.1 as manager of the company and again in para 11, O.P.2 has stated that he purchased the share in the company from O.P.1. And as per agreement dt. 29-07-2012, he is to meet the liability of O.P.1 for ₹45,00,000. It is also stated by O.P.2 that amount of ₹45,00,000 does not include the amount of ₹2,39,250 to be paid to the complainant. Here we take a pause. From the money receipts duly signed by O.Ps. 1&3, it is clear that complainant paid ₹2,39,250 to them for purchase of bricks for the construction of his house. But it was not supplied to him. Subsequently, the company was taken over by O.P.2 from O.P.1 which is very much clear from the Agreement dt. 29-07-2012. So, when O.P.2 would enjoy the profit of the company, he is to shoulder both the liabilities and responsibilities of the company. There is no doubt about it. O.P.2 has stepped into the sue after taking over the 90% share of the company. But complainant was thrown into the inexplicable misery for no fault on his part. He was running from pillar to post which a caused secure mental and physical harassment as well as financial loss.
Accordingly, we are of candid opinion that it is a fit case where the prayers of the
complainant should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 217 of 2014 ( HDF 217 of 2014 ) be allowed on contest with costs against the O.P. nos. 1 & 2 and ex parte against o.p. no. 3 with costs.
That the O.Ps. are jointly and severally directed to pay Rs. 2,39,250/- to the complainant within 30 days from the date of this order.
That they are further directed to pay to the complainant an amount of Rs. 10,000/- as compensation and Rs. 5,000/- as litigation costs.
That the o.ps. are further directed to pay the entire amount of Rs.2,54,250/- to the complainant within one month from the date of this order i.d., the aforesaid amount shall carry an interest @ 9% per annum till full realization.
The complainant is at liberty to put the final order into execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
