DATE OF FILING : 09-10-2013.
DATE OF S/R : 13-02-2014.
DATE OF FINAL ORDER : 08-01-2015.
1.Sri Dilip Kumar Chattopadhyay,
son of late Jnanendra Nath Chattopadhyay,
for self and the constituted attorney of the
complainant nos. 2 to 11.
2.Smt. Aruna Chattopadhyay,
wife of Sri Dilip Kumar Chattopadhyay,
both are residing at village & P.O. Kanaipur,
District Hooghly,
PIN 712234.
3.Sri Probir Kumar Ghosh,
son of late Jatindra Nath Ghosh,
residing at Kharial, Kanaipur,
District Hooghly,
PIN 712234.
4.Sri Superiti Choudhry,
wife of Sri Tapas Kumar Chowdhury,
residing at 9/432, D.N. Bhattacharjee Sarani, Provas Nagar,
District Hooghly.
5.Sri Harinarayan Karfa,
Son of late Panchanan Karfa,
residing at 58/E, Chakraborty Lane, Goswami Para, Shrirampopur,
Hooghly.
6.Sri Tamash Ranjan Das,
son of late Gopal Chandra Das,
residing at Sriniketan Pally, Dharampur,
District Hooghly,
PIN 712101.
7.Sri Biswadip Ghosh,
son of Sri Biswanath Ghosh,
residing at Digra Sarada Pally, Bhadreswar,
District Hooghly.
PIN 712124.
8.Sri Santosh Ghatak,
Son of late Upendra Mohan Ghatak,
residing at 29, Subhas Nagar, Morepukur,
District Hooghly,
PIN 712250.
9.Sri Kunja Behari Prosad Gupta,
son of late R.N. Gupta,
residing at 30, M.M. Sadar Bazar Barrackpore,
North 24 Parganas,
Kolkata 120.
10.Smt. Sumitra Sar,
wife of Sri Paresh Nath Sar,
residing at 22/C, Aurobinda Road, Nabagram,
District Hooghly,
PIN 712246.
11.Sri Sagar Mazumder,
son of Sri Gakul Ranjan Mazumder,
residing at Basai, Kanaipur, Uttarpara,
District Hooghly.
12.Gopinath Mondal,
son of late Gunilal Mondal,
residing at Kalichak Bazar, Raghunathpur, Dankuni,
District Hooghly,
PIN 712247.
13.Radha Raman Paul,
son of Sailendra Nath Paul,
Basai, Kanaipur, Uttarpara,
District Hooghly.
14.Smt. Uma Kundu,
wife of Sri Sunil Kundu,
residing at 442, Kanaipur Colony,
District Hooghly,
PIN 712234.
15.Smt. Putul Ghosh,
wife of Sri Gorachand Ghosh,
residing at Kanaipur Hospital, Kanaipur Road,
District Hooghly,
PIN 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 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 scheme of monthly interest scheme of o.ps. The o.ps. issued certificates vide Annexures in favour of the complainants which are as follows :
1.Sri Dilip Kumar Chattopadhyay M.I.S. Nos. 126935, 123725, 121276,
121277, 11931, 119300, 123717.
2.Smt. Aruna Chattopadhyay M.I.S. No. 125870,
3.Sri Probir Kumar Ghosh M.I.S. No. 125877.
4.Sri Superiti Choudhry M.I.S. No. 125876.
5.Sri Harinarayan Karfa M.I.S. Nos. 125871, 125878.
6.Sri Tamash Ranjan Das M.I.S. Nos. 125874, 125832.
7.Sri Biswadip Ghosh M.I.S. Nos. 113902.
8.Sri Santosh Ghatak M.I.S. No. 123993.
9.Sri Kunja Behari Prosad Gupta M.I.S. No. 119303.
10.Smt. Sumitra Sar M.I.S. No. 125872,
11.Sri Sagar Mazumder M.I.S. Nos. 117231, 117428,
12.Gopinath Mondal M.I.S. No. 117422,
13.Radha Raman Paul M.I.S. No. 126936,
14.Smt. Uma Kundu M.I.S. Nos. 126937, 125835
15.Smt. Putul Ghosh M.I.S. No. 125830.
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. 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. 365 of 2013 ( HDF 365 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 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.
