DATE OF FILING : 17-04-2014.
DATE OF S/R : 26-11-2014.
DATE OF FINAL ORDER : 29-05-2015.
Minotirani Majumdar,
wife of late Sankar Majumdar,
residing at Bill Para, P.O. Kharia,
Jalpaiguri 735101.
- Pradip Dey Kabiraj,
son of late Priyanath Dey Kabiraj,
residing at Collegepara, P.O. Kharia,
District Jalpaiguri,
for self and the constituted attorney of the
complainant nos. 1 and to 8.
at 207, K.G.R.S. Path, Angus,
District Hooghly.
- Shipra Dey Kabiraj, ,
wife of Sri Pradip Dey Kabiraj,
residing at College Para, P.O. Kharia,
District Jalpaiguri.
- Swapan Kumar Deb,
son of late Khitish Chandra Deb,
residing at Collegepara, P.O. Kharia,
District Jalpaiguri.
- Shikha Deb,
wife of Swapan Kumar Deb,
residing at College Para, P.O. Kharia,
District Jalpaiguri.
- Anima Bakshi,
wife of late Kiranchandra Bakshi,
residing at Natunpara,
P.O., P.S. & District Jalpaiguri.
- Moumita Majumdar,
wife of Amalesh Majumdar, residing at Collegepara,
P.O., P.S. & District Jalpaiguri.
- Kalyan Sen,
son of Mr. Sen,
residing at College Para, Kharia,
District Jalpaiguri.…………………………………………… COMPLAINANTS.
Versus -
1. Asoka Life Science Ltd.,
having its registered and head office
at 401, Lake Town, Block B, 1st floor,
Kolkata 700089,
having its branch office at Bagnan, P.S. Bagnan,
District Howrah,
being represented by its Chairman viz.
Sri Sourav Ray, son of Ashok Kumar Roy,
of 46, Kuchipota Lane, Krishnanagar, Nadia,
PIN 741101,
presently residing at AA 2/2, Miranda Apartment, Flat no. CK C,
Rajarhat Road, Kolkata 700059.
2. CARA Marketing Ltd.,
having its registered and head office at
1/3, Block D, Bangur Avenue,
Kolkakta 700055 also at 401, Lake Town,
Block B, 1st floor, Kolkata 700089,
having its branch office at Bagnan, P.S. Bagnan,
District Howrah, being represented by its
Chairman viz. Sri Sourav Ray,
son of Asoka Kumar Roy,
of 46, Kuchipota Lane, Krishnanagar,
Nadia 741101.
3. Smt. Sarbani Chatterjee,
wife of Sri Chandan Chatterjee,
team leader of Asoka Life Science Ltd.,
residing at Rathtala, Kalyani,
Nadia.
4. Shri Subhabrata Ghosh,
Branch Manager of
Asoka Life Science Ltd.,
residing at Vivekanandapara,
P.O. & District Jalpauguri.
5. Avijit Guha Roy,
son of Swapan Guha Roy,
Zonal Manager,
residing at Congresspara,
P.O. & District Jalpaiguri. …………………………………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 Subrata Sarker.
F I N A L O R D E R
Complainants, eight in numbers, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) have prayed for a direction to be given upon the o.ps. to refund principal amounts, maturity amounts of fixed deposit, monthly recurring deposit and monthly interest scheme, Rs. 4,000/- as compensation in total and Rs. 1,000/- as litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainants madeinvestmentsin the scheme of fixed deposit, monthly recurring deposit and monthly interest scheme of o.ps. The o.ps.issued certificates vide Annexures in favour of the complainants which areas follows :
Fixed Deposit Certificate no. 141100485, M.I.S. Certificate no. 141100895,
Fixed Deposit Certificate nos. 141100278,141100301, 141100332, 141100439.
M.I.S. Certificate no. 141101321,
M.I.S. Certificate no. 141101322, 141100254, Fixed Deposit Certificate nos. 141100343, 141100374, 141100207,
Monthly Recurring Deposit Certificate no. 141100330.
M.I.S. Certificate no. 141100253,
Monthly Recurring Deposit Certificate no. 141100331,. 141101413, 141101006.
M.I.S. Certificate nos. 141100512, 141100513,
M.I.S. Certificate nos. 141101461, 141101462.
Monthly Recurring Certificate nos. 141101005, 141101463, 141101464, 141101465, 14110146.
3. M.I.S. Certificate no. 141101443, 141100547, 141101515,
Fixed Deposit Certificate no. 141100075, 141101210,
Monthly Recurring Deposit certificate nos. 141101453. 141101454. 141101489, 141101575, 141101528, 141101281, 141100686.
O.P.promised to pay the monthly interest on the due dates to the complainants and
upto July, 2013 they paid the same regularly. Thereafter they stopped to make any payment towards monthly interest even they have not paid a single furthering towards the maturity payment of different complainant since September, 2013. Complainants repeatedly went to the office of o.ps. but on different pleas they have returned the complainants without giving their monthly interest amount as well as the maturity amount. It is further stated by the complainants that due to this non action and gross negligence on the part of the o.ps., complainants have been compelled to face tremendous problem due to scarcity of money with which they were supposed to meet their day to day expenditure, medical expenditure, children’s education etc. which are really at stake. As the monthly interest amount was not paid to different complainants, all other complainants of this petition became very much scared of getting their maturity amounts of their investment. So, finding no other alternative, complainants filed this instant petition praying for the aforesaid relief.
- Noticeswere served. O.p. nos. 4 & 5 appeared and filed written version but the other o.ps. remained absent without taking any step. Accordingly, case was heard on contest against o.p. nos. 4 & 5 ex parte against the rest.
- Two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainants are entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points aretaken up together for consideration. We have carefully gone through the complaint petition along with annexures filed by the complainant and noted its contents. We have also read the separate W/Vs filed by o.p. nos. 4 & 5. It is the specific plea taken by both of them that they have resigned from their respective posts, earlier appointed by o.p. no. 2, on 18.5.2013 and 16.5.2013 respectively. And they have no liability to repay the deposited amount of the complainants. But here we are to keep it in mind that they were holding the important posts like Coordinating Executive and Area Sales Manager in the o.p. company, i.e., o.p. no. 2. So they cannot shrug off their liability. And the chairman of the o.p. no. 2 is also the chairman of o.p. no. 1. So it can be very well understood that the o.p. nos. 1 & 2, both are same and identical. Admittedly complainants invested a large amount in the o.ps.’ company. It is a fact that o.ps. have failed to pay the monthly interest since July, 2013 and the maturity amounts since September, 2013 for which complainants felt tremendous monetary problem. Because, people invest their hard earned money in a reputed company to get the ultimate benefit at their need. O.ps. have miserably failed to keep its promise which they made on the face of the certificates issued by them in favour of complainants. For their gross negligence in discharging duties, complainants had to suffer a lot for the crying need of money. Sacrificing many present enjoyments involving monetary expenditure, complainants made those investments foreseeing their future needs. If that criteria is not fulfilled due to o.ps.’ severe negligence, complainants are, thereby, truly prejudiced which can be very well understood by a man of common prudence. Moreover, the o.p. nos. 1 to 3 have not cared to appear before the Forum even after receiving summons except o.p. nos. 4 & 5. No W/V has been filed by o.p. nos. 1 to 3 which clearly shows that they have nothing to put forward in their favour. And the complaint petition remains unchallenged and uncontroverted against o.p. nos. 1 to 3. And we have no difficulty to believe the unchallenged testimony of the complainants. O.ps. have miserably failed to keep promise which certainly amounts to deficiency in service coupled with unfair trade practice on their part which should not be allowed to be perpetuated for an indefinite period. And we are of the candid opinion that it is a fit case where the prayers of the complainants should be allowed. Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 228 of 2014 ( HDF 228 of 2014 ) be allowed ex parte with costs against the O.P. nos. 1 to 3 and allowed on contest with costs against o.p. nos. 4 & 5.
That the O.Ps. are jointly and severally directed to pay either the principal deposited amounts or maturity amount, whichever is applicable, as per the status of the different investments of different complainants along with upto date monthly due interest in terms of the certificates in question within one month from this order i.d., at the rate of 9 per cent p.a. interest shall be charged on the entire decreetal amount till actual payment.
No order as to compensation.
The complainants do get an award of Rs. 1,000/- as litigation cost and o.ps. are directed to pay the same within one month from this order i.d. amount shall carry an interest at the rate of 9 per cent p.a. till actual payment
The complainants are 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.
