DATE OF FILING                    :     16-07-2014.

DATE OF S/R                            :      16-12-2013.

DATE OF FINAL ORDER       :     13-01-2015.  

1. Sri Arun Kumar Acharjee,

   son of late Narayan  Chandra Acharjee,  

   for self and the constituted attorney of the

   complainant nos. 2 to 4.

2. Smt. Sumana Acharjee,

daughter  of Sri Arun Kumar Acharjee,

3. Soumen Acharjee,

son of Sri Arun Kumar Acharjee,  

4. Smt. Manju Acharjee,

wife of Sri Arun Kumar Acharjee,  

all are residing at 1 no. Srirampore Colony, P.O. Mallickpara,

P.S. Srerampore,

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, 1^st 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 late Adhir Kumar Biswas,

            residing at 3 no. N.S. Road, Sasthitala, Telinipara,

            P.S. 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 four 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, and fixed deposits, to pay Rs. 6,08,314/- as compensation in total and Rs. 1,00,000/- and Rs. 10,000/- 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 madeinvestmentsin the scheme of monthly interest scheme, recurring deposits of o.p. The o.p.issued certificates vide Annexures in favour of the complainants which areas follows :

1. M.I.S. Certificate no. 124007, 119219, 121750, 119629, 119595,

   Monthly Recurring Certificate no. 00541, 00376, 00452, 00179,

2. Fixed Deposit Certificate nos. 119590, 119218,

3. Fixed DepositCertificate no. 119216,

4. Fixed DepositCertificate no. 119217,

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.ps. neither appeared nor filed any written version. Accordingly, case was heard ex parte against o.ps.

5. Two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

1. Whether the complainantsare 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 complainants and noted its contents. 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 January, 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 ofcomplainants. 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 . No W/V has been filed by o.ps. which clearly shows that they have nothing to put forward in their favour. And the complaint petition remains unchallenged and uncontroverted against o.ps. And we have no difficulty to believe the unchallenged testimony of the complainants.O.ps. have miserably failedto keep promise which certainly amounts to deficiency inservice coupled with unfair trade practice on theirpart 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. 393  of 2014 ( HDF  393  of 2014 )  be  allowed ex parte  with  costs  against  the O.Ps.      

      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.

      The complainants do get an award of Rs. 10,000/- as compensation and  litigation cost of Rs. 3,000/-  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.