Order-9.
Date-29/07/2015.
Complainant Sinha Associate by filing this complaint has submitted that he is the proprietor of the Firm Sinha Associate and he deals in manufacturing of wooden and plywood items. This complainant runs this proprietorship firm on self-employment basis only for his livelihood, complainant received a call from Onicra Credit Rating Agency of India Ltd. and the personnel of the agency insisted him to come to their company. Complainant along with his friend Mr. S.K. Ali who was in need of loan, visited their office for a loan of Rs. 15,00,000/- but op asked the complainant to give Rs. 12,000/- as a charge of assisting the clients in getting the loan. On 29.05.2014, complainant went to the op’s office and paid Rs. 12,000/- by cheque vide No. 487556 dated 29.06.2014 drawn on Indian Bank.
Op informed that they would get the loan within one month but after a lapse of one month, they failed to get the loan. Complainant visited the op’s office several times, talked over phone and communicated through e-mail but there was no response from the ops when he dejected mentally. The most surprising factor is that the agency returned money of Mr. S.K. Ali, complainant’s friend but they did not give the complainant’s money back. In spite of sending the Advocate’s letter on 25.03.2015, they did not come. Hence, complainant lodged the case for negligent manner of service and for adopting unfair trade practice complainant prayed to this Forum for passing an order directing the ops to repay the sum of Rs. 12,000/- jointly and severally to the complainant and for an order directing the ops to pay a sum of Rs, 1,00,000/- for loss in business and for mental agony along with cost.
In this written version op nos. 1 & 2 stated that the above case is not maintainable in the eye of law. It is suppression of material facts. The complainant is not a consumer as per provision of Section 2(d) of the C.P. Act 1986. Ops denied that complainant ran a business as self-employment basis or business is only for earning his livelihood, the allegations as made by the complainant are concocted one. Complainant had paid an amount of Rs. 12,000/- to Onicra Credit Rating Agency of India Ltd. But op nos. 1 & 2 viz. Pradip Kumar Giri and Abhijit Mallick are mere employees of the said company. They worked for gain. DP No. 2 is not in a position to believe that he has given assurance to the complainant of helping him in getting the loan. Op stated that the Forum has no jurisdiction to try the case. So, the case is liable to be dismissed.
Decision with reasons
On an in depth study of the complaint and written version and also hearing the argument, it is found that no doubt the ops have admitted that they are employees of Onicra Credit Rating Agency of India Ltd. and complainant paid a sum of Rs. 12,000/- as application fee by a cheque directly in the name of company but not in the name of the employees. But they deposited it in the name of the company. So, it is clear that complainant for the purpose of taking a loan deposited that amount of Rs. 12,000/-. But anyhow it is proved that from website .
Moreover application form was received by Pradip Kr. Giri by putting seal of Onicra Credit Rating Agency of India Ltd. anc contact no. of Pradip Kr. Giri is also noted with mobile no. 9830903840 and cheque was received by Pradip Kr. Giri so no doubt and it is also proved that Pradip Kr. Giri was Sr. Executive of Onicra Credit Rating Agency of India Ltd. at the relevant time.
Notice was sent upon the ops at the address given in the complaint, both of them received the summons, they have admitted that they are employees. So, no doubt it is proved that particularly Pradip Kr. Giri and Abhijit Mallick as Sr. Executive and General Manager received that application and though they gave assurance to the complainant that loan will be sanctioned and for the purpose sanctioning loan application money of Rs. 12,000/- would be paid by the complainant and that is paid and that is undisputed and admitted by the op.
No doubt it is a non-banking financial institution and they are working in the market for providing loan and that is also published in the website of Onicra and in the website of Onicra Credit Rating Agency of India Ltd., their office address is noted as 3D, NF, 3rd Floor, Zindal Tower, Block-21/A/3, Darga Road, Kolkata – 700029 that address is given in the present complaint and both the ops received summons appeared, submitted written version by admitting that they are the employees. But their defence is that the company shall have to decide the matter and as an employee they have nothing to do. But in this context it is to be mentioned that company is a party and Pradip Kr. Giri as Sr. Executive received that cheque, he issued acknowledgement in support of that after accepting the application for loan. But ultimately they did nothing. But that Rs. 12,000/- has been deducted from the account of the complainant, but loan was not granted.
So, it is clear that nothing was done by the ops and they have opened a business for cheating the public at large and Onicra Credit Rating Agency of India Ltd. in this field is well known company and those two persons are practically running the business on behalf of the company as Sr. Executive and General Manager of West Bengal. So, invariably they are bound to give such explanation for what reason the complainant’s loan was not sanctioned. Truth is that no loan matter was processed and there was no information to the complainant whether this loan has been granted or rejected and if loan was rejected, then invariably it ought to have been reported to the complainant but that was also not done.
Further it is found from the written version of the op, that as employees they have not given any reasonable answer for what reason the loan application was accepted along with application amount of Rs. 12,000/-, when that was not processed or that was not decided, then it is clear that this employee was appointed by the company for cheating the public in such a fashion and the present op is Onicra Credit Rating Agency of India Ltd. and their Sr. Executive and General Manager are made parties and they have admitted that they are employees of the company, then invariably they are liable when they are discharging their duties on behalf of the company and fact remains that in this case, the company has deceived the complainant in so many manners and also managed to squeeze the money by giving hoax for giving any loan. Loan is generally processed and released by the Sr. Executive and General Manager and they are made parties but they have stated nothing about loan matter.
So, it is clear that the present officers on behalf of the company are responsible for refunding the entire amount and also the company, when the complainant has been deceived by the ops and for which invariably the ops are bound to refund the entire amount along with compensation for harassing the complainant in such a manner and for squeezing the money of the complainant in such a fashion by the ops.
In the above circumstances for adopting unfair trade practice by the ops, the complainant is entitled to get such relief as prayed for.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest with cost of Rs. 5,000/- against the ops.
Ops Pradip Kr. Giri and Abhijit Mallick employees of the Onicra Credit Rating Agency of India Ltd. including Onicra Company jointly and severally are hereby directed to pay the entire amount of Rs. 12,000/- to the complainant and also shall have to pay compensation of Rs. 5,000/- for harassing the complainant in such a manner and also for enjoying that money since 19.05.2014 and further for adopting unfair trade practice.
Ops are directed including Onicra Credit Rating Agency of India Ltd. to pay the entire decretal amount that is Rs. 5,000/- as litigation cost + Rs. 12,000/- application money + Rs. 5,000/- as compensation i.e. total Rs. 22,000/- to the complainant within one month from the date of this order, failing which for non-compliance of the Forum’s order and disobeyance of Forum’s order, ops shall have to pay penal damages at the rate of Rs. 100/- per day till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum.
Even if ops and their company are found reluctant to comply the Forum’s order, in that case ops shall be prosecuted u/s 25/27 of C.P. Act 1986 for which further penalty and fine shall be imposed upon the ops.
