Punjab

Sangrur

CC/164/2015

Kamini Devi - Complainant(s)

Versus

Neesa Leisure Ltd. - Opp.Party(s)

Shri G.S.Shergill

10 Aug 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

       

                                                       

                                                Complaint No.    164

                                                Instituted on:      25.03.2015

                                                Decided on:       10.08.2015

 

 

Kamini Devi aged about 63 years wife of Shri Ram Dass, resident of H.No.115/3, Gopal Nagar, Opposite BDO Office, Sunam, Tehsil Sunam, District Sangrur.

                                                        …Complainant

                                Versus

 

1.             Neesa Leisure Limited, Cambay Square, Plot No. X—22-24, GIDC, Electronic Estate, Sector 25, Opposite Hill Wood School, Gandhinagar-382044 (Gujarat) through its Chairman/ Director.

2.             M/s. R.R. Investor Capital Services Limited, SCO 89, 1^st Floor, Sector 44-C, Chandigarh through its authorised signatory.

                                                        ..Opposite parties

 

 

For the complainant    :       Shri G.S.Shergill, Adv.

For OP No.1              :       Exparte.

For OP No.2              :       Shri Ashish Garg, Adv.

 

 

Quorum:    Sukhpal Singh Gill, President

                K.C.Sharma, Member

                Sarita Garg, Member

 

 

 

Order by : Sukhpal Singh Gill, President

 

1.             Smt. Kamini Devi, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that  OP number 1 floated a scheme for making the investment in the FDR of OP number 1 and also gave advertisement in the newspaper with lucrative returns under fixed/cumulative deposit.  OP number 2 is the authorised agent/broker for collecting the investment.  It is further averred that the complainant through sub agent of OP number 2 i.e. M/s. Standard Forex Solution, Sangrur invested an amount of Rs.4,00,000/- on 21.6.2013 under cumulative scheme in two FDRs i.e. Rs.2,00,000/- each at Sangrur and the date of maturity of the same was 20.6.2014. The OP number 1 issued two FDRs in favour of the complainant with date of maturity i.e. 20.6.2014.  It is further averred that in discharge of the aforesaid legal liability, OP number 1 issued cheque bearing number 030136 dated 20.6.2014 for Rs.2,00,000/- and number 030149 dated 20.6.2014 for Rs.2,00,000/- drawn on AXIS Bank Limited, Gandhinagar of principal amount and assured for releasing the interest amount within one month.  The complainant presented the cheques for collection to his banker i.e. AXIS Bank Limited, but the same were dishonoured vide memo dated 18.9.2014.  It is further stated that after the dishonour of the cheques, the complainant approached the agent of OP number 2 at Sangrur and requested for making the payment, but the matter was put on one pretext or the other.  As such, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to pay to the complainant an amount of Rs.4,00,000/- along with interest @ 24% per annum from the date of deposit till realisation and further claimed compensation and litigation expenses.

 

2.             In reply filed by OP number 1, preliminary objections are taken up on the grounds that the complaint is not maintainable, that the complaint is bad for non joinder of necessary parties. It is stated that the complainant invested an amount of Rs.4,00,000/- on 21.6.2013 under cumulative scheme in two FDRs through sub agent M/s. Standard Forex Solution, Sangrur, but the same has not been arrayed as a party, that the complainant has no cause of action to file the present complaint, that it is stated that the amount invested by the complainant has been used by OP number 1.  On merits, it is stated that the advertisement was given under the instructions of OP number 1 and OP number 2 has nothing to do with the advertisement. It is stated that OP number 2 has not made any allurement whatsoever to the complainant. It is stated that the complainant has deposited the amount in the FDR of OP number 1.  It is further stated that the OP number 1 has issued two cheques in lieu of the said FDRs to the complainant, however, the cheques were dishonoured, but the complainant has the remedy under section 138 of Negotiable Instrument Act against OP number 1.  It is denied that OP number 2 is in any way liable to pay the amount.  Any deficiency in service on the part of OP number 1 has been denied.

 

3.             Record shows that OP number 1 did not put appearance nor  file any reply and was proceeded exparte.

 

4.             The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 copy of slip, Ex.C-3 and Ex.C-4 copies of application, Ex.C-5 copy of cheque, Ex.C-6 copy of memo, Ex.C-7 copy of receipt, Ex.C-8 copy of cheque, Ex.C-9 copy of memo, Ex.C-10 copy of receipt,  and closed evidence.

 

5.             We have carefully perused the complaint, written reply of OP number 2, evidence produced on the file and written submissions and also heard the arguments of the learned counsel for the complainant and OP number 2. In our opinion, the complaint merits dismissal, for these reasons.

 

6.             It is an admitted fact of the complainant and OP number 2 that the complainant invested an amount of Rs.4,00,000/- on 21.6.2013 with OP number 1 through the sub agent of OP number 2 i.e. M/s. Standard Forex Solution Sangrur and the OP number 1 also issued FDRs, which are on record as Ex.C-3 and Ex.C-4.  It is further not in dispute that the OP number 1 issued two cheques for Rs.2,00,000/- each bearing date 20.6.2014, Ex.C-5 and Ex.C-8 against the repayment of FDRs, but the case of the complainant is that when he presented the same in the AXIS Bank, Sangrur for payment, then the same were dishonoured by the bank due to insufficient funds vide their memo, copies of which are on record as Ex.C-6 and Ex.C-9.  It is clear on record that the OP number 1 though issued the cheques to the complainant for Rs.2,00,000/- each and later on when the same were presented in the bank for payment, the same were dishonoured due to ‘insufficient funds’, then the complainant had the remedy to file a criminal complaint under section 138 of the Negotiable Instrument Act.  But, there is no explanation from the side of the complainant that why he did not file the criminal complaint before the Civil Court, rather chose to file a consumer complaint.  Moreover, it is not in dispute that the amount was invested with the OP number 1 and the OP number 1 accordingly issued FDR to the complainant and further issued cheques for repayment of the FDR amount, but the cheques which were issued by the OP number 1 were dishonoured due to insufficient funds.  Further, the learned counsel for OP number 2 has contended vehemently that the liability of OP number 1 cannot be fastened upon the OP number 2 in view of section 230 of the Contract Act.  The same view has also been taken by the Hon’ble National Commission in Jet Air Private Limited versus Makers and Sellers Union and others I (2008) CPJ 60 (NC).  As such, we feel that present complaint is not maintainable before this Forum.

 

7.             In view of our above discussion, we find no merit in the complaint and the same is dismissed.  However, the parties are left to bear their own costs. A  copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                August 10, 2015.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                                           (K.C.Sharma)

                                                                Member

 

                                                       

                                                                (Sarita Garg)

                                                                    Member