Orissa

Cuttak

CC/265/2011

Lalatendu Dalai - Complainant(s)

Versus

Nixcil Pharmaceuticals Specialties Ltd - Opp.Party(s)

S Ray

16 Dec 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.265/2011

1.      Sri Lalatendu Dalai

               S/O:Birabar Dalai.   

 

2.   Jayanti Dalai,W/O:Late Birabar Dalai

 (Complainant Nos.1 & 2 reside at Birakishorepur,

 PO/PS:Athagarh,Dist:Cuttack) .    

       

3. Shobhashree  Dalai,

D/O:Late Birabar Dalai & W/O:Pradeep Ku. Khatua

At-KAndarpur,PO/PS-Athagarh,Dist-Cuttack

 

4. Rajashree Dalai,

D/O:Late Birabar Dalai & WiO:Laxmidhar Pradhan,

                   At-Ranpur,PO/PS Banki,Cuttack

 

5. Banashree Dalai,

D/O:Late Birabar Dalai & W/O:Kamadev Dalai,

At/PO:Kalibiri,Banki,Dist:Cuttack.                                                         … Complainants.

 

Vrs.

1. M/s. Nixcil Pharmaceuticals Specialties Ltd.,

Corporate Office:B-1343,Indra Nagar,Lucknow-226016,

Uttar Pradesh.

 

2.   M/s. Nixcil Pharmaceuticals Specialties Ltd.,

         Raghunath Niwas,1^st Floor,Karunamayee Housing Complex,

         Sen Raleigh Road,Asansol-4,W.B.

 

3.   M/s. Nixcil Pharmaceuticals Specialties Ltd.,

                        Cuttack Branch,At:Kailash Bhawan,

                        1^st Floor,Link Road,Near Nishamani Cinema Hall,

                        Cuttack-12,Odisha.

 

4.    The Branch Manager,

                         Basil International Ltd.,

                         Kailash Bhawan, 1^st Floor,Link Road,Near Nishamani Cinema Hall,

                         Cuttack-12,Odisha.

 

5.       The General Manger,Basil International Ltd.,

Raghunath Niwas,1^st Floor,Karunamayee Housing Complex,

Sen Raleigh Road,Asansol-4,W.B.

 

6.        The Director,

Basil International Ltd.,

Raghunath Niwas,1^st Floor,Karunamayee Housing Complex,

Sen Raleigh Road,Asansol-4,W.B                                                           … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member.

 

Date of filing:    27.10.2011

Date of Order:     16.12.2016

 

For the complainant:      Sri Sarath Roy,Advocate & Associates..

For O.P No.4               :     Sri Kailash Chandra Prusty,Adv. & Associates.

 

Mr. Bichitra Nanda Tripathy, Member.

                The complaint is against deficiency in service on the party of the O.Ps.

1. In nutshell the complaint is as follows:-

 

1. The complainants are 5 in numbers and they are the wife, one son and 3 daughters of Late Birabar Dalai of Birakishorepur,P.O/P.S:Athagarh,Dist:Cuttack,Odisha.
2. Late Birabar Dalai had deposited a sum of Rs.3,13,000/- in total with O.Ps 1,2 &3 Company on 11.06.2007 of which Rs.45,000/- each was deposited vide 6 nos. receipts and Rs.43,000/- was deposited vide 1 no. of receipt.  Thus the total sum deposited vide 7 nos. of receipts was (i.e. Rs.45,000/- x 6 =Rs.2,70,000/- + Rs.43,000/-)=Rs.3,13,000/-.
3.  Such amount was deposited towards Redeemable Preference shares of M/s. Nixcil Pharmaceutical Specialties Ltd.,Corporate Office,Luknow,U.P.
4. O.Ps 1,2 & 3 & O.Ps.4,5 & 6 are sister concerns.
5. The depositor Birabar Dalai died on 26.9.2008.
6. The O.Ps had handed over the deposit slips only to the depositor but had not issued any certificates as per provisions of the Company norms.
7. After the death of the depositor, the legal heirs of Late Birabar Dalai contacted the Cuttack Branch of the O.Ps time and again but the O.Ps did not take any step to refund the amount as deposited by Late Birabar Dalai.
8. As per information sheet, the Redeemable cumulative preference shares of Rs.1000/- each of M/s. Nixcie Pharmaceuticals Specialties Ltd. would have been redeemed at the value of Rs.1331/- each.  As such the depositor would have received a sum of Rs.4,16,603/- after a period of 3 years i.e. as on 11.06.2010 (Amount invested Rs.3,13,000/- divided by cost of each share  Rs.1000 = 313 No. of shares x Rs.1331 redeemable value which comes to Rs.4,16,603/- in total).
9. The Company (O.Ps) did not take any step towards repayment of the above amount even after death of the depositor.
10. Finding no other way, the complainants have taken shelter of this Hon’ble Forum.  They have prayed for refund of maturity value of Rs.4,16,603/- along with interest till 31.7.2011 amounting to Rs.49,900/-, compensation worth Rs.1,00,000/- and litigation cost amounting to Rs.25,000/-, thus have claimed Rs.5,90,612/- in total from the O.Ps.

2. It is pertinent to mention it here that when the case was filed on 27.10.2011 the Nos. of O.Ps were five in No. i.e. O.P No.1,2,3,4 & 5.  Subsequently as per the amended petition, the Nos. of O.ps were increased from 5 to 6 and M/s. Nixcil Pharmaceuticals Specialties Ltd,Cuttack Branch was added to the list of O.Ps and was marked as sl.no.3 of O.Ps.  Thus O.P. No.3,4,5(as per the original plaint dt.27.10.2011) were remarked as O.P No.4,5 & 6 subsequently and there was no change in the Sl. No. of O.P.1 & 2.
3. None of the O.Ps except O.P. No.4 i.e. Branch Manager,Basil International Ltd.,Link Road, Cuttack have participated in the hearing/filed written version.
4. O.P.4 (Branch Manager,Basil International Ltd.) has filed their written brief on 25.5.2012 and has intimated as follows:-

1. That the complainant has not filed any documents to substantiate their claim for which the complaint is not entertainable.
2. O.P.4 has denied the fact that Nixcil Pharmaceuticals & Basil International Ltd. are sister concerns.

5. We have gone through the case in details, heard the concerned advocates for complainants and O.P.4, perused minutely the documents/papers as filed by the complainants and as well as by O.P.4 and have observed as follows:-

1. The complainants have filed copy of money receipts indicating that the following amount has been deposited with Nixcil Pharmaceuticals Specialties Ltd. at it’s Cuttack Branch(O.P.3).
2.             Acknowledgement Slip No.         Amount deposited               Date of deposit

1.              175465                                                  Rs.43,000/-                                     11.06.2007
2.              175467                                                  Rs.45,000/-                                      11.06.2007
3.              175468                                                   Rs.45,000/-                                     11.06.2007
4.               175413                                                          Rs.45,000/-                            11.06.2007
5.               175403                                                         Rs.45,000/-                             11.06.2007
6.               175404                                                         Rs.45,000/-                             11.06.2007
7.               175405                                                         Rs.45,000/-                             11.06.2007

Total:                                                          Rs.3,13,000/-                   

 

                Thus it appears that the complainant have deposited a sum of Rs.3,13,000/- with O.P No.3 on 11.06.2007 towards allotment of Redeemable Cumulative Preference shares of the Company.

2. The complainant died on 26.9.2008 as observed from the death certificate submitted for the purpose.
3. As per the legal heir certificate as obtained from Tahasildar,Athagarh and as submitted by the complainants there are 5 legal heirs of Late Birabar Dalai which includes his wife,3 daughters and one son.  All legal heirs are also filed the petition as complainants.
4. That as per the application form submitted by deceased Birabar Dalai for allotment of Redeemable cumulative preference shares, it is learnt that a sum of Rs.1000/- becomes Rs.1331/- after three years and as such redeemable value payable after 3 years comes to Rs.4,16,603/- as on 11.06.2010.
5. It is also learnt from the instructions given in the back side of application form for Redeemable Cumulative Preference shares of the said Nixcil Pharmaceuticals Specialties Ltd. that

1. The application form relates to Redeemable Cumulative Preference shares only with face value of Rs.1000/- each.  (Sl. No.3 of such instructions).
2. In due course of time allotment advice/share certificate/letter of regret together with refund order, if any will be despatched to the applicant within three months from the date of submission of application.(sl.no.12(i) of such instructions).
3. No receipt will be issued for application money but acknowledgement will be made in the acknowledgement slip appearing below the application form by the authorized representative from the Company only.(Sl.No.12(ii) of such instructions)

6. Late Birabar Dalai was alive for about one year and 3 months from the date of depositing the money for such Redeemable Cumulative Preference shares but perhaps he had not made adequate follow up with the O.Ps for non-availability of share certificates/refund of money in case such shares were not allotted which was supposed to be received after three months of depositing the amount.  Such follow up letters/steps taken by late Birabar Dalai for the purpose are not submitted before this Hon’ble Forum.
7. The complainants/legal heirs of Late Birabar Dalai have also not made adequate follow up with the O.Ps nor issued any registered notice/legal notice to the O.Ps since copies of such follow up letters/legal notice are not submitted before this Hon’ble Forum.
8. Registered notice send by this Hon’ble Forum vide Registered letter No.3295 dt.15.12.2011 to O.P.1 (i.e. Corporate office of M/s. Nixcil Pharmaceuticals Specialties Ltd.,Lucknow-226016, U.P) was returned  back with postal remark “Left without address”.
9. Similarly registered notice issued to O.P.3 i.e. M/s. Nixcil Pharmaceuticals Specialties Ltd.,Cuttack Branch on 06.03.2013 returned back with postal remark ‘left’.
10. It is also lernt from the postal acknowledgement slip of registered letter issued to Divisional Manager, Nixcil Pharmaceuticals, C/O:Basil International Ltd.,Divisional Office,Assansol-4(W.B) that the letlter was received by Basil International.  Thus we observe that Nixcil Pharmaceuticals Specialties are not available in their address as furnished by the complainants.
11. It is pertinent to record it here that Cuttack Branch of Nixcil Pharmaceuticals Specialties was not a O.P. in the original plaint dt.27.10.2011 but subsequently was made a party on 15.07.2013 by the complainants vide sl.no.3 of the O.Ps.
12. On 25.5.2012 O.P.2,O.P.,4 & O.P.5 were set exparte by this Hon’ble Forum. (Presently marked as O.P.2,O.P.5 & O.P.6).
13. O.P.2,O.P.5 & O.P.6 have not given any written submission.
14. O.P.4 (formerly O.P.3) vide their written brief dt.25.5.2012 have intimated that the complainants have not filed any document to substantiate their claim.  So without any document this complaint is not entertainable and liable to be dismissed.  They have further intimated that deposit of money with O.P. No.1 by the complainants is a matter of documents and the complainants are to prove the same.  Since the complainants have already produced the copies of counter foils of receipts which indicates that Late Birabar Dalai had deposited a total sum of Rs.3,13,000/- with the O.Ps i.e. with O.P No.3 on 11.6.2007.
15. Since O.P.1, O.P.2, O.P.3, O.P.5 & O.P.6 have neither participated in the hearing nor submitted any written version denying the allegations as lodged by the complainants, we are constrained to accept the uncontroverted statements of the complainants.
16. Thus we conclude as follows:

1. Late Birabar Dalai has deposited a sum of Rs.3,13,000/-  with M/s. Nixcil Pharmaceuticals Lucknow(O.P. No.1) through its Cuttack Branch (.O.P. No.3) on 11.6.2007.
2. M/s. Nixcil Pharmaceuticals,Lucknow and Basil International Ltd.,Assansol are sister concerns.

6. Basing on the facts and circumstances as stated above and to meet the ends of justice, we allow the case against O.P No.2,O.P No.4,O.P No.5 & O.P No.6.
   6698606.  

1. The O.Ps (2,4,5 & 6) will refund the complainant a sum of Rs.4,16,603/- being the value of redeemable cumulative preference shares as on 11.06.2010.
2. The said O.Ps will also refund interest @ 10% per annum from 12.06.2010 on Rs.4,16,603/- till the date of payment.
3. The said O.Ps will also pay a sum of Rs.10,000/- to the complainants towards cost of litigation.

All above noted payments shall be made to the complainants within 45 days of receiving the copy of this order, failing which the complainants are at liberty to take shelter of this Hon’ble Forum under C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 16^th day of December, 2016 under the seal and signature of this Forum.

 

   (Sri B.N.Tripathy )

                                                                                                                  Member.

 

                                                                                                                 (Sri D.C.Barik)

                                                                                                                        President.

                                                                                                                 (Smt. Sarmistha Nath) 

                                                                                                            Member(W).