DATE OF FILING : 09-10-2013.
DATE OF S/R : 13-02-2014.
DATE OF FINAL ORDER : 08-01-2015.
1.Sri Ranjit Guchhait,
son of Sri Ashim Guchhait,
residing at Nabagram, Barabahera, Uttarpara,
District Hooghly,
PIN 712246, for self and the constituted attorney of the
complainant nos. 2 to 15.
2.Sri Vijay Mondal,
Son of Sri Bimal Mondal,
residing at Nabagram Barabehera, P.S. Uttarpara,
District Hooghly.
3.Sri Nagen Biswas,
son of Sri Nakari Biswas,
residing at B.P. Nagar, Kanaipur,
District Hooghly,
PIN 712234.
4.Sri Sanjib Chakraborty,
Son fo Naresh Chakraborty,
residing at 521, Kanaipur Colony, Kanaipur,
District Hooghly,
Pin 712234.
5.Sri Santi Basu,
son of Pradip Basu,
residing at Kanaipur Bansai, Kanaipur,
District Hooghly,
Pin 712234.
6.Sri Sankar Prosad Hait,
son of late Ashutosh Hait,
residing at Kanaipur, Bishalakshmi Tala, P.S. Uttarpara,
District Hooghly,
Pin 712234.
7.Sri Dulal Chandra Das,
son of late Basantto Kumar Das,
residing at Kanaipur Colony, Uttarpara,
District Hooghly,
Pin 712234.
8.Sri Raju Roychowdhury,
son of Dulal Roy Chowdhury,
residing at Kanaipur, P.S. Uttarpara,
District Hooghly,
Pin 712234.
9.Sri Saibal Ghosh,
son of Sri Nepal Ghosh,
residing at Baarowaritala, Kanaipur, Uttarpara,
District Hooghly,
Pin 712234.
10.Shri Swapan Ghosh,
son of Sri Pannalal Ghosh, residing at Barowaritala, Kanaipur, Uttarpara,
District Hooghly,
PIN 712234.
11.Sri Sarita Gupta,
wife of Sanjay Gupta,
residing at 24/1/1, Kolu Para Lane, Salkia,
Howrah 712234.
12.Manohar Shaw,
son of Manoj Shaw,
residing at 14, Hrishikesh Ghosh Lane,
Howrah 711106.
.
13.Akash Bhattacharjee,
son of Debu Bhattacharjee,
residing at Nabagram, Barabahera, Uttarpara,
District 712246.
14.Shri Amit Das,
daughter of Dipak Das,
residing at Kanaipur Hospital, Kanaipur Road,
District Hooghly,
PIN 712234.
15.Rabitosh Paul,
son of Arup Paul,
residing at Kanaipur, Bishyalakhitala,
Hooghly 712234. ……………………………………………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. Baghajatin Biswas,
son of late Adhir Kumar Biswas,
residing at 3 no. N.S. Road, Sasthitala, Telini Para,
Bhaddeswar, District Hooghly…………………………….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 fifteen 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 entire deposited amounts of Fixed deposits, monthly recurring deposit and monthly interest scheme, to pay Rs. 5,25,000/- as compensation in total and Rs. 30,000/- 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 Fixed deposits, monthly recurring deposit and monthly interest scheme of o.ps. The o.ps. issued certificates vide Annexures in favour of the complainants which are as follows :
1.Sri Ranjit Guchhait Monthly Recurring Certificate no. 0015639,
M.I.S. No. 123601, Fixed Deposit no. 121957, 117650, 120257,
2.Sri Vijay Mondal Fixed Deposit Certificate 119770,
3.Sri Nagen Biswas MIS 119540,
4.Sri Sanjib Chakraborty MIS 119640,
5.Sri Santi Basu MIS 117668, Recurring Deposit no. 0022405,
6.Sri Sankar Prosad Hait MIS nos. 119541, 119642, 130724,
7.Sri Dulal Chandra Das MIS no. 116982, Monthly Recurring 0021649,
8.Sri Raju Roy Chowdhury Monthly Recurring R-2/0017331,
9.Sri Saibal Ghosh MIS 119496,
10.Shri Swapan Ghosh MIS 116795, Monthly recurring 0021651,
11.Sri Sarita Gupta Monthly Recurring R-1/002315,
12.Manohar Shaw Monthly Recurring R-2/0025885,
13.Akash Bhattacharjee, Monthly Recurring R-1/0019038,
14.Shri Amit Das Monthly Recurring R-1/0024076,
15.Rabitosh Paul Monthly Recurring R-1/0026286.
3.O.P. promised to pay the monthly interest on the due dates to the complainants and upto November, 2012 they paid the same regularly. Thereafter they stopped to make any payment towards monthly interest and maturity amount of the recurring deposits. 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, 2012 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. 366 of 2013 ( HDF 366 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 the maturity amount 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. 15,000/- 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.
