This appeal is directed against the final order of Ld. D.C.D.R.F, Cooch Behar dated 18/01/2018 in reference to CC/48/2017. The fact of the case in nutshell is that the appellant/complainant Chitra Dey Biswas being motivated by the alluring proposal made by the OP no. 1 Binay Chandra Pal as an agent of Weird Industries Ltd. had invested her money to one financial agency that is OP no. 2 M/s. Weird Industries Ltd. Rs. 3,00,000/- on 11/02/2011 as the OP no. 1 and 2 has assured her secured monthly payment off Rs. 6,000/- per month and issued two certificates. Under captions the certificate of property in favour of the complainant Chitra Dey Biswas. The op no. 1 has received the said Rs. 3,00,000/- from the complainant and he particularly assured the complainant to provide Rs. 6,000/- per month as interest to the said payment and also handed over two certificates of property and a pass book showing some purported deposit of Rs. 6,000/- per month commencing from 16/03/2011 to 29/02/2012. On getting the said pass book doubt crept in the mind of the complainant. She sought for explanation from op no. 1 about existence of the Company as well as genuineness of the documents. But the OP no. 1 has failed to give any plausible explanation. The complainant on 17/12/2012 sent legal notice to the OP no. 1 who replied evasively, ultimately, the complainant lodged an FIR which was culminated to a charge sheet under section 406 and 420 of IPC against the Ops. After being Charge Sheeted the Op has contacted with her and assured her to return back the money, she has already deposited and for that reason, the complainant has waited certain period and when the Ops ultimately defrauded her, he sent a second notice on 23/2/2017 to the OP no. 1 and thereafter she has registered the consumer complaint. The OP no. 1 the agent of the so-called financial company OP no. 2 has contested the case by filing W.V and denied all the allegations levelled against him by the complainant and his positive case is that he never acted as an agent of the said financial company of the OP no. 2. Rather he was also an investor in that Company by depositing some amount and he never approached the complainant or to induce the complainant to invest money in the company of the OP no. 2. The OP no. 1 in support of his case submitted some documents to show that he has also invested some money in the company of the OP no. 2 (Annexure A). The OP no. 2 in spite of paper publication and notice did not appear to contest the case before the Ld. Forum so, the case against OP no. 2 was heard ex-parte. Ld. Forum after recording the evidences and after consulting the documents has delivered the impugned order and decided the case to the score that OP no. 1 has acted as a mere agent and he has no responsibility to refund the money of the complainant and the case against him was dismissed. Ld. Forum further observed that OP no. 2 also not the necessary party as because the financial Company styled as Weird Industries Ltd. is established at Allahabad and not at Howrah and without impleading the Branch Manager, proprietor or director of the said company the case was bad in law.

            Being aggrieved with the said order this appeal follows on the ground the Ld. Forum has committed a pulpable mistake holding that the OP no. 1 was not the agent of the Weird Industries Ltd. and the finding of the Ld. Forum is misconceived one and liable to be set aside. The appeal was registered before the Hon’ble State Commission, Kolkata Bench where OP no. 1 Binoy Chandra Pal secured his appearance in connection with this appeal through Ld. Advocate. But notice of OP no. 2 returned unserved with postal endorsement ‘left’. Thereafter, Hon’ble State Commission, Kolkata Bench asked the complainant/appellant to issue notice in the name of OP no. 2 by paper publication and the said order was duly complied with. Thereafter the case was reassigned here for disposal. After receiving the case record, the appellant came to this Commission to move the appeal whereas respondent no. 1 and 2 did not appear to contest the case. The appellant side was asked to send Advocate Letter to the address of OP no. 1 and 2 informing them the existence of the appeal here and the next date for hearing. This order of this Commission was also complied carefully by the appellant. But in spite of that the OP no. 1 and 2 as respondent no. 1 and 2 of the appeal did not contest the appeal. As a result, the Ld. Advocate of the appellant moved the appeal ex parte.

DECISIONS WITH REASONS: -

            At the time of hearing the appeal Ld. Advocate of the appellant pointed out the defect in the order of the Ld. Forum to that effect that Ld. Forum had observed that the complainant/appellant has invested only Rs. 1,00,000/- for purchasing a debenture while she contemplated in her consumer complaint that she has invested Rs. 3,00,000/- and after receiving the said money from her the Weird Industries Ltd. has issued two certificate of property to the tune of Rs. 3,00,000/-. He further mentioned that Ld. D.C.D.R.F has failed to appreciate the case of the complainant as because the Ld. Forum was pleased to hold that being an agent of the Company OP no. 1 has no liability to refund the money of investor because he has acted merely as an agent. The OP no. 1 in her written version denied that he has acted as an agent to induce the appellant to invest the money whereas his Ongikarnama executed by him as produced by the complainant clearly fixed that he has committed to the complainant that if the invested money of Rs. 3,00,000/- was not refunded to the complainant he would personally refund the said money from his own fund and that commitment was executed in a written document on 27/03/2012. After hearing Ld. Advocate of the appellant and after going through the pleadings of the complainant as well as the OP no. 1 and after thorough check of the relevant documents produced before the Ld. Forum, it is quite established beyond any doubt that Weird Industries Ltd. has opened many branches through out the State to defraud the small investors with promise of alluring returns and subsequently, after receiving the said money they dislocated their business and in this process, OP no. 1 has acted as an agent of the said Company who dealt with the small investors at the locality and he should not be absolved for such cheating towards the innocent investors. Ld. Forum has observed that complainant/appellant never invested Rs. 3,00,000/- in the Weird Industries but it indicates two certificates of the property had issued by the Weird Industries of Howrah located at Vijayalaxmi Building to the tune of Rs. 1,00,000/- and Rs. 2,00,000/- respectively on the same day on 11/2/2011, so, it is also established beyond any doubt that for such financial cheating the complainant has also took the recourse of criminal justice and lodged a FIR before the concerned Police Station and ultimately, the said agent Binay Chandra Pal is facing criminal trial under section 406 and 420 IPC for cheating an innocent investor. Ld. Forum has dismissed the case against OP no. 2 on the ground that Weird Industries Ltd. are not situated at Howrah but at Allahabad. But these findings also appeared to be erroneous as because Ld. Forum has relied upon a document called as debenture issued by Weird Infrastructure Corporation Ltd. located at Allahabad. On the other hand, the complainant side has furnished the two property certificates which speak that Weird Industries Ltd. of Howrah has issued the said two certificates and the director of both the companies are same and identical as the signature of the directors in the said two certificates and debenture appeared to be same and identical. So, it is palpably clear that an innocent investor has become not only been defrauded but also was harassed by the money cheaters and they should not be escaped from the liability. So, the order of Ld. Forum appears to be incorrect, irregular and not vested in law. A bona fide consumer who has deposited money with expectation of getting for some return has been deprived from getting the sufficient service from the financial Company and its agent and certainly this act and omission on the part of the Op no. 1 and 2 as an agent and director of the company certainly comes to the purview of the definition of deficiency of service. So, the order of Ld. Forum liable to be dismissed. And for the sake of convenience and to safe the time already consumed in this dispute; the Commission thinks it fit to grant some relief in favour of the complainant/appellant, So that her grievances may be redressed in some way or the other.

Hence it is ordered: -

            That the instant appeal be and the same is hereby allowed ex-parte on merit against respondent no. 1 and 2 without any cost. The order of Ld. D.C.D.R.F, Cooch Behar dated 18/01/2018 in CC/48/2017 is hereby set aside. The consumer complaint filed by Smt. Chitra Dey Biswas in CC/48/2017 is hereby allowed against OP no. 1 and 2 that are Shri Binay Chandra Pal and director M/s. Weird Industries Ltd. Both the Ops are jointly and severally directed to refund the amount of Rs. 3,00,000/- within 45 days from the date of this order, failing which 8 per cent per annum shall be carried on over the awarded money. And to pay Rs. 10,000/- as litigation cost is hereby imposed which shall have to be paid by the OP no. 1 and 2 jointly and severally within 45 days, failing which another 8 per cent per annum interest will be imposed. For mental pain and agony and harassment the OP no. 1 and 2 of this consumer complaint are hereby directed to pay Rs. 50,000 to the complainant within 45 days, failing which Rs. 8 per cent per annum as interest will be carried on.

            Let a copy of this order be supplied to the parties free of cost and the same be communicated to the concerned Ld. Forum.