DATE OF FILING : 09-10-2013.
DATE OF S/R : 16-12-2013.
DATE OF FINAL ORDER : 08-01-2015.
1.Ajoy Kumar Biswas,
son of late Bibhti Kumar Biswas,
for self and the constituted attorney of the
complainant nos. 2 to 14.
2.Smt. Bulbul Biswas,
wife of Sri Ajoy Kumar Biswas,
both complainant nos. 1 & 2 are residing
at 207, K.G.R.S. Path, Angus,
District Hooghly.
3.Sairul Bibi,
wife of Md. Nazruddin,
residing at Gourhati Govt. Qtr. 45, Shantipally, Bhaddeswar,
District Hooghly.
4.Md. Nazruddin,
son of late Suleman,
residing at Gourhati Govt. Qtr. No. D/13/X, Angus,
District Hooghly.
5.Sri Joydeb Karmakar,
son of late Shyamsundar Karmakar,
residing at 110, N.T. Road, Baidyabati,
District Hooghly.
6.Sri Amal Kumar Mondal,
son of Sri Kalipada Mondal,
residing at Gaygaripara, C hinsurah Municipality,
District Hooghly.
7.Subhas Chandra Das,
son of late Naresh Chandra Ghosh,
residing at GOURHATI Govt. Q tr. G.T. Road, Chandannagar,
District Hooghly.
8.Smt. Ananya Biswas,
daughter of Ajoy Kumar Biswas,
residing at 207, KGRS Path, Angus,
District Hooghly.
9.Sri Provat Kumar Pramanick,
son of late Kalipada Pramanick,
residing at Krishnapur, Astogharia,
District Burdwan.
10.Pronob Ghosh,
son of Sri Samar Ghosh,
residing at Simlakalitala, Serampore,
District Hooghly.
11. Smriti Biswas,
wife of Sukdev Biswas,
residing at 22/3/1, R.N. Neogi Lane, Bhadeswar,
District Hooghly.
12.Mahua Karmakar,
wife of Joydev Karmakar,
residing at 110, N.T. Road, Baidyabati,
District Hooghly.
13.Pasupati Dholey,
son of Sri Subhas Dholey,
residing at Khurigali, Saradapally,
District Hooghly.
14.Sandip Kumar Shaw,
son of Sri Paritosh Shaw,
residing at 52, KGRS, Path, Angus, Bhaddeswar,
District Hooghly……………………………………………… COMPLAINANTS.
- Versus -
1. ASSDA Agro Project Limited,
having its registered and head office
69, B.T. Road, Panihati, P.S. Kardah, Kolkata 711114.
having its branch office at 301, G.T. Road, 1st Floor,
Belur Bazar, near Belur Girls School,
District Howrah,
PIN 711202, being represented by its
Managing Direcot viz. Aloke Das,
son of Abani Mohan Das,
residing at 476, Nandan Nagar, Belgharia,
District North 24 Parganas,
PIN 7000 83.
2. Sri Debasish Dutta,
son of Gouranga Dutta,
as the Executive Director of Assda Agro Project Limited,
residing at 13, Adarsha Pally, Belgharia,
District Nor 24 Parganas,
PIN 7000 56.
3. Nabarun Dutta,
son of Monilal Dutta,
as the Administrative Director of Assda Agro Project Limited,
residing at 7, Teachers Colony Agarpara,
Kolkata 700056.
4. Sheikh Ajger Ali,
son of Sheke Jakir Hossain,
as the Director of Assda Agro Project Limited,
residing at Md. Kala Chand Road, P.O. Ghola Bazar,
North 24 Parganas, Kolkata 700 111.
5. Sk. Mansur Ali,
son of Sheke Jumman Ali,
as Director of Assda Agro Project Limited,
Residing at Iswaripur, Suryapur, Khardah, North 24 Parganas,
Kolkata 700 121.
6. Sheke Jasmir Hossain,
son of Akbor Hossain,
as the Chairman of Assda Agro Project Limited,
residing at Iswaripur, Nilganj Road, P.O. Suryapur,
North 24 Parganas, Kolkata 7743120.
7. Kamal Kanta Das,
son of late Sital Chandra Das,
residing at Malia Para, P.O. Bighati, P.S. Bhaddeswar,
District Hooghly,
PIN 712124…………………………………………………OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1.Complainants fourteen in numbers 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 deposited amounts as well as the maturity amounts of monthly interest and monthly recurring deposits, to pay Rs. 7,50,000/- as compensation in total and Rs. 25,000/- as litigation costs along with other relief or reliefs as the Forum may deem fit and proper.
2.Brief fact of the case is that complainants made investments in the scheme of monthly interest scheme, recurring deposits of o.p. The o.p. issued certificates vide Annexures in favour of the complainants which are as follows :
1.M.I.S. Certificate no. 121650,
2.Monthly Recurring Certificate no. R-2/00185, R-2/00014,
M.I.S. Certificate no. 121649,
3.M.I.S. Certificate no. 116442,
4.M.I.S. Certificate no. 116441,
5.M.I.S. Certificate no. 125568,
6.M.I.S. Certificate nos. 118077, 121653,
7.M.I.S. Certificate no. 121652, 125569,
Monthly Recurring Certificate no. R/1/00159,
8.Monthly Recurring Certificate no. R/2/00033,
9.Monthly Recurring Certificate no. R-1/00054,
10.Monthly Recurring Certificate no. TR No. T0025765,
11.Monthly Recurring Certificate no. R-1/00274,
12.Monthly Recurring Certificate no. R-2/00041,
13.Monthly Recurring Certificate no. R-1/00069,
14.Monthly Recurring Certificate no. R-1/00608.
3.O.P. promised to pay the monthly interest on the due dates to the complainants and upto November, 2013 they paid the same regularly. Thereafter they stopped to make any payment towards monthly interest. 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. So, finding no other alternative, complainants filed this instant petition praying for the aforesaid relief.
4.Notices were served. O.p. nos. 5, 6 & 7 appeared but only o.p. no. 7 filed written version and the other o.ps. remained absent. Accordingly, case was heard ex parte against o.p. nos. 1 to 6.
5.Two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
ii) Whether the complainants are entitled to get any relief as prayed for ?
DECISION WITH REASONS :
6.Both the points are taken 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 W/V filed by o.p. no. 7. 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 December, 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.ps. have not cared to appear before the Forum even after receiving summons except o.p. no. 7. No W/V has been filed by o.p. nos. 1 to 6 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 6. 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. 367 of 2013 ( HDF 367 of 2013 ) be allowed ex parte with costs against the O.P. nos. 1 to 6 and allowed on contest with costs against o.p. no. 7.
That the O.Ps. are jointly and severally directed to pay the principal amount as well as maturity amount of all investments of the 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. 10,000/- 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.
