IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/59/2017.
Date of Filing: Date of Admission: Date of Disposal:
11.04.17 23.06.17 21.02.19
Complainant: Biswanath Mondal
S/O- Lt. Sudhakrishna Mondal,
Vill- Sagardighi Block para,
PO & PS- Sagardighi,
Dist-Murshidabad,
Pin- 74222
-Vs-
Opposite Party: 1. Mr. Ashoke Dutta,
Managing Director,
M/S. Freedom Gases Ltd. & Others
59, Jessore Road, Birati, Kolkata-51
2. Ajoy Majumder
of 146/3 A.C. Road,
PO-Khagra, PS-Berhampore
Dist-Murshidabad, Pin-742103
3. Manager, Sagardighi PDCL,
PO-Manigram, PS-Sagardighi,
Dist-Murshidabad,
Pin-742226
Agent/Advocate for the Complainant : Miss. Bidishya Sarkar.
Agent/Advocate for the Opposite Party : Sri. Pranab Kr. Das for OP No.1.
OP No.2- In Person.
Sri. Debasish Nag for OP No.3.
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Aloka Bandyopadhyay,Member.
This is a complaint under section 12 of the CP Act, 1986.
One Biswanath Mondal (here in after referred to as the Complainant) filed the case against The Managing Director, M/S, Freedom Gases Ltd and Others (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The brief fact of the case is as such:-
The Complainant invested a sum of Rs.1,00,000/- with M/S Freedom Gases Limited (OP No.1) through its agent OP No.2 with an assurance of monthly return back of Rs.1600/-. As per their condition the Complainant received monthly amount of Rs.1600/- from 06.07.12 to 03.07.13 through cheques provided by the OP No.2. But the problem arose from 05.08.13 when the cheque no 567610 amounting Rs.1600/- had not been encashed. After that the cheque dated 05.09.13 amounting Rs.1600/- and lastly the cheque amounting Rs.1,00,000/- was not cleared by the bank due to lack of fund. Under such situation the Complainant informed the matter to the OP No.2 who is the agent of OP No.1. From the month of October, 2013 to till date the Complainant had not received any amount from OP. After several request the OPs did not pay any heed. Finding no other alternative the Complainant filed the instant case before this Forum for appropriate relief.
The OP No.1&2 after due service of notice did not appear to contest the case. So the case preceded ex-parte against them.
OP No.3 filed W/V contending inter alia that the case is not maintainable against him as he is a power project organization and no way connected in this case and no incident had took place within the campus and area of the OP No.3. So, the case is liable to be dismissed with heavy cost.
Now the questions arise whether the Complainant is a consumer and whether the Complainant is entitled to get relief as prayed for?
Decision With Reason
Undoubtedly, the Complainant issued a cheque in the name of OP No.1 for the sum of Rs.75,000/- through cheque vide No.430789 of SBI dated 05.06.12 and
Rs.25,000/- through cash to the OP with due receipt issued on 5/6/12 by OP No.2 who is the agent of O.P 1 (vide xerox copy of annexure). But the Complainant had not received the monthly interest of Rs.1600/- from 05.08.13 to till date. The OP issued a cheque of State Bank of India amounting Rs.1,00,000/- in the name of the Complainant on 05.06.15 signed by one Ashok Dutta, the Managing Director for Freedom Gases Ltd. but the said cheque had also not been encashed due to lack of fund.
In this present case, the OP provided interest to the Complainant on deposit of certain amount. Here lies the relationship of consumer and service provide between the Complainant and OP No.1 & 2.
The OP No.1 & 2 did not contest the case to controvert the plea of the Complainant. We have no other alternative but to accept the contention of the Complainant.
Considering the facts and circumstances of the case and documents filed before us and argument advanced by the Ld advocate for the complainant we are of the opinion that there is deficiency on the part of the OP No.1 by not providing due interest in time and by providing a cheque of Rs.1,00,000/- to the Complainant having no fund in the said account .The O.P 2 is the agent of O.P1. So the Complainant is entitled for relief from O.P 1( as for the act of the agent the principal is liable).
In the present case, no claim has been raised against OP No.3 and he is no way connected in this case and OP No.3 is a power project organization. So, we are of the opinion that for no reason the case has been filed against OP No.3. So, the Complainant should be penalized for making the O.P 3 as unnecessary party.
Reason for Delay
The Case was filed on 11.04.17 and admitted on 23.06.17. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision
under section 13(3A) of the CP Act, 1986. Delay in disposal of the case has also been explained in the day to day order.
In the result, the Consumer case succeeds.
Fees paid are correct. Hence, it is
Ordered
that the consumer Case No. CC/59/2017 be and the same is hereby allowed ex-parte with cost against the O.P 1& dismissed against the O.P2 but without cost and dismissed against OP No.3 with a cost of Rs 5000/- payable by the complainant.
The O.P.1 is directed to pay a sum of Rs 1,00,000/-along with an interest @7%p.a from 5/6/2015 till payment.
The O.P1 is further directed to pay a sum of Rs 5000/-towards cost of litigation to the complainant
The complainant shall pay a cost of Rs 5000/- to the O.P 3 for unnecessary harassment.
Parties are directed to comply the aforesaid order by 60 days from the date of this order.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member President.
