DATE OF FILING : 09-10-2013.
DATE OF S/R : 13-02-2014.
DATE OF FINAL ORDER : 08-01-2015.
1.Sri Santanu Mukherjee,
son of late Shyamapada Mukhrjee,
for self and the constituted attorney of the
complainant nos. 2 to 11.
2.Smt. Kajori Mukherjee,
wife of Sri Santanu Mukherjee,
both are residing at Basai, Kanaipur,
District Hooghly,
PIN 712234.
3.Sri Kamalesh Adhikary,
Son of late Samir Adhikari,
Residing at 45, Shantipally, Bhaddeswar,
District Hooghly.
4.Sri Sudip Datta,
son of Sri Dilip Datta,
residing at 7/2, Bamacharan Mukherjee Lane, Rishra,
District Hooghly.
5.Smt. Samita Ghosh,
wife of late Surajit Ghosh,
residing at ¾, Sadhan Kanan, Rishra,
Hooghly.
6.Smt. Sandipta Ghosh,
daughter of Samita Ghosh,
residing at 4, Sadhan Kanan, Rishra,
Hooghly.
7.Sri Swapan Kumar Das,
son of late Panchugopal Das,
residing at 18, Deoanjee Street, P.O. Rishra,
District Hooghly.
8.Smt. Rinki Das nee Chatterjee,
daughter of Swapan Das, residing at 18, Deoanjee Street, P.O. Rishra,
District Hooghly.
9.Sri Samiran Chakraborty,
son of late Satyabrata Chakraborty,
residing at 208, Sukanta Pally, Rail Park, Rishra,
Hooghly.
10.Smt. Anita Mondal,
wife of late Dilip Mondal,
residing at 56, N.S. Road, Rishra,
District Hooghly.
11.Sri Agradip Achayarya,
son of Smt. Rita Achayarya, residing at 22, Panchanantala 3rd Bye Lane,
Rishra, 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. 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 eleven 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 of fixed deposit, maturity amounts of monthly interest as well as monthly recurring deposits, to pay Rs. 1,15,500/- as compensation in total and Rs. 22,000/- 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 Fixed deposit scheme, monthly interest scheme and recurring deposits of o.ps. The o.ps. issued certificates vide Annexures in favour of the complainants which are as follows :
1.Monthly Recurring Certificate nos. R-2/00364, R-2/00448, R-2/00449, R-2/00450, R-2/00279, M.I.S. Certificate nos. 119175, 119253, 119291, 123738, 119226., 119593, 119778,
2.M.I.S. Certificate nos. 123736, Fixed Deposit Certificate no. 123722,
3.M.I.S. Certificate no. 119777,
4.Monthly Recurring Certificate nos, R-2/00412, Fixed Deposit Certificate no. 125824,
5.Monthly Recurring Certificate no, R-2/00040, Fixed Deposit Certificate nos. 125825, 124059,
6.Monthly Recurring Certificate no, R-2/00029, Fixed Deposit Certificate no. 117224,
7.Monthly Recurring Certificate no, R-2/00413,
8.Monthly Recurring Certificate no. R-2/00089,
9.Monthly Recurring Certificate no, R-2/00368,
10.Monthly Recurring Certificate no. R-2/00039,
11.Monthly Recurring Certificate no. R-2/00143,
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. 364 of 2013 ( HDF 364 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.
