Complainant by filing this complaint has submitted that Krishna Chandra Biswas was a tenant of the complainant who used to express the capabilities and qualities of the Royale Group of Companies and thereafter op appointed the complainant as agent of that company and also allured to open some bonds valued at Rs. 1,51,400/- having the maturity date 31.08.2013 and 27.092013 and on maturity op issued a cheque of Rs. 25,000/- on 10.05.2014 but forced the complainant not to encash the same and in fact complainant purchased the bonds of Rs. 1,51,400/- and interest on maturity was Rs. 30,000/-.  But nothing has been paid by the op and for which complainant has filed this complaint for redressal as consumer.

          On the other hand op no. 2by filing written statement submitted that complainant is an agent of op no.1 and being dissatisfied with the act of op no.1 complainant has filed the instant case and op no.2 is also agent of op no.1 like complainant and he never received any money from the complainant on behalf of the op no.1 nor acted as an agent of op no.1 for collecting money on behalf of the op no.1 and without any ground op no.2 is made a party.  Though op no.2 never harassed or did not misappropriate any money of the complainant and for which op no.2 has prayed for expunging his name and for dismissal of this case.

          Further op no.2 has stated that the entire allegation is false and fabricated and in fact if there is any grievance it is against the op no.1 the company and by bringing some false and fabricated allegation this complaint is filed for which the complaint should be dismissed.  But anyhow op no.1 has not filed any written statement.  But fact remains Md. Safique has filed written statement but he is shown as C.M.D. of Royale Group of Companies but no separate written statement is filed by the authority of Royale Group of Companies, though notice was served.

Decision with reasons

          In the present case after considering the complaint and written version of op no.2 including the unchallenged documents as produced by the complainant, it is clear that complainant purchased some bonds of the op company vide Bond Nos. 5493 (Rs. 1,400/- dated 31.08.2012), 5497 (Rs. 50,000 dated 31.08.2012) and 5392 (Rs. 1,00,000/- dated 27.09.2012) and by that way complainant purchased bonds of total of Rs. 1,51,400/- and those bonds are nothing but RD and MIS and same were matured on 31.08.2013 and 24.09.2013 and on maturity the cheque amount of Rs. 25,000/- was handed over.  But that was not presented by the complainant because op threatened him and thereafter complainant prayed to the ops but op did not pay it and in fact op no.2 has tried to convince that he has no liability and he is no way related with the company.

          But fact remains that the entire amount was received by the present op no.2 and it is found that Md. Safique as Director signed and received it.  So, no doubt it is the liability of Md. Safique op no.2 personally also as Director of the company to repay the same along with interest but that has not been done.  Anyhow op no.2 has tried to say that he was an agent but that is completely false, rather he is found as Director of Royale Package Tours Pvt. Ltd. i.e. Royale Group of Companies.  So, it is clear that Md. Safique op no.2 is solely and on behalf of the company are liable to pay that amount when he received the entire amount and convinced that it is a bond or RD or MIS.

          Anyhow op no.2 has tried to convince that he has no relation but this submission is completely false but only to save his skin op no.2 has taken such plea and further the entire defence is false and fabricated.  On the other hand it is also proved that op no.2 practically received the entire money and issued those certificates of RD and MIS by signing.  So it is the liability of the ops to pay the same and fact remains the ops adopted unfair trade practice and collected huge money from different persons which is proved and also from the complainant and now only to discharge his liability he has tried to convince that he is the agent of the company but that is false plea.

          So, the claim of the complainant is well proved and no doubt the complainant is entitled to get back the entire amount of Rs. 1,51,400/- including composite interest of Rs. 50,000/- over the same from the ops jointly and severally and further for contesting this case by the complainant and for filing the same and for getting no service from the ops, complainant was bound to file this case for relief and no doubt the allegation of the complainant against the ops is proved beyond any manner of doubt and op no. 2’s plea is proved false and fabricated defence for which the complaint succeeds.

          Hence, it is

ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs. 10,000/- against op no.2 exparte against op no.1 with cost of Rs. 10,000/-.

          Ops jointly and severally are hereby directed to refund a sum of Rs. 1,51,400/- and also composite interest of Rs. 50,000/- over the said amount within 15 days from the date of this order and further shall have to pay compensation of Rs. 20,000/- for harassing the complainant in such a manner and for grabbing the said amount from the complainant by false representation and by running a fake institution.

          Accordingly op jointly and severally shall have to pay the entire decretal amount to the complainant within 15 days from the date of this order failing which ops shall be prosecuted u/s 27 of C.P. Act 1986 for disobeyance and noncompliance of Forum’s order ops shall have to pay penal interest  at the rate  Rs. 200/- per day till full satisfaction of the decree and if it is collected same shall be deposited to the present Forum.