District consumer Disputes Redressal Forum Dumk
Complaint Case No- 13/2014
Date of filing Date of Admission Date of Order
03.03.2014 12.03.2014 27.04.2018
Pranati Gorai w/o Sri Manoj Kumar Gorai (Advocate) resident of Mohalla – Rashikpur, Post- Dumka, P.S - Dumka (Town) District - Dumka, Pin- 814101.
( Respresented by Shri Shailendra Kr.Gorain, Advocate)
…….….Complainant.
Versus
- Ramel Industries Ltd, Regd. Office- 15 Krishna Nagar Road, Barasat, Navapally, Saraju Apartment North 24 Pargana, Kolkata- 700126 (W.B)
- Mr. Rameshwar Poddar, Chairman of Ramel Industries Ltd. having its registered office at 15, Krishna Nagar Road, Barasat, Navapally, Saraju Apartment, North 24 Pargana Kolkata- 700126 (W.B)
- Mr. Sukanta Deb, Director of Ramel Industries Ltd, at Sebagram N. Baracpur, Nayapara, North 24 Pargana, Pin- 743122 (W.B)
- Mr. Partha Das, Finance Director of Ramel Industres Ltd. at Sankalpa Residency, 3rd floor, Ichapur Udayan Pally, Post Nawabgaon, P.S. Noapara, North 24 Pargana, Ichapur, Pin- 743144 (W.B)
- Mr. Sandeep Yadav, Branch Manager of Ramel Industries Ltd. Dumka Branch, S/o Umesh Yadav, Residence of Mohalla - Sarda Colony, Gosala Road, Dumka, P.O- Dumka, P.S - Dumka Town, District – Dumka, Pin814101……(Respresented by Shri JagannathManjhi,,Advocate).
- Bijay Prasad Sah Assistant Branch Manager Ramel Industries Ltd. Dumka Branch, C/o Purusattom Prasad Sah Residence of Mohalla- Sarda Colony, Gosala Road, P.O- Dumka, P.S – Dumka Town, Dist – Dumka, Pin- 814101. ……….. (Respresente by Shri P. Kumar, Advocate).
- Mrs. Sweata Devi, Clerk of Ramel Industries Ltd. Dumka Branch, W/o Ratan Kumar @ Ratan Kumar Sah @ Munna Bhaiya Tin Bazar Bhagalpur Road, J.K Tyre Gully, P.O – Dumka, P.S – Dumka Town, Dist – Dumka, Pin - 814101.
- Shiv Shankar Yadav, Agent of Ramel Industries Ltd. S/o Late Sarat Mahato (Yadav) Resident of Village – Astajora, Post- Kusumghata, P.S- Tongara, Dist- Dumka, Pin- 814167
………….. Opposite Parties.
BEFORE:-
PRESIDENT:- Shri Ram Naresh Mishra
MEMBER :- Smt. Dr. Babita Kumari Agrawal
O R D E R
The instant Complaint has been filed by the complainant Pranati Gorai against the oppiosite Parties i.e. Ramel Industries Ltd. Kolkata, Rameshwar Poddar, Chairman of Ramel Industries, Kolkata, Sukanta Deb, Director of Ramel Industries Ltd. North 24 Pargana , Partha Das, Finance Director of Ramel Industries Ltd. 24 North Pargana, Ichapur, Sandeep Yadav, Branch Manager of Ramel Industries Ltd. Dumka Branch, Bijay Prasad sah, Assistant, Branch Manager, Ramel Industries Ltd. Dumka Branch, Sweata Devi, Clerk of Ramel Indusrties Ltd, Dumka Branch and Shiv Shankar Yadav, Agent of Ramel Industries Ltd, Dumka Branch. u/s-12 of the Consumer Protection Act, 1986 for illegally and arbitrarily refusing to make payment of the surrender –Cum-maturity value of the certificates and Passbooks under scheme MPS-01 Year in gross negligency and deficiency in services rendered by them (the opposite Partiers) jointly and severally and thereby causing loss and damages as well as mental agony etc. to the complainant. The complainant has prayed to direct the opposite Parties to pay maturity value amounting to Rs.79,400(Seventy nine thousand four hundred) along with interest @18% P.A. till its payment, further prayed to pay Rs.15,000/-(Fifteen thousand) by way of compensation for mental tension, agony and harassment caused to the Complainant and further also direct to pay Rs.5,000/- towards cost of litigation.
2. The brief facts of the case as emerged from the Complaint petition as well as the documents to annexed there with are as follow:-
That the opposite parties no-1 is a Chitfund Company named and styled as Ramel Industries Ltd. having its registered office at 15 Krishna Nagar Road, Barasat, Navapally, Sarju apartment, North 24 Pargana, Kolkata (W.B), Opposite Party No.2&4 are its Chairman, Director& Finance director respectively, whereas Opposite Party no.5 to 7 are Branch Manager at Dumka Branch and Assistant Branch Manager, Dumka Branch respectively of the Company and the O.P.No-8 Shiv Shankar Yadav is the Agent of Ramel Industries Ltd. at Dumka branch.
The further case of the complainant is that O.P.No-8 the agent of Ramel Industries Company induced the complainant to make investment in Ramel Industries Ltd. under MPS-01 year scheme as under this scheme he would achieve more benefits in comparison to the investment in the schemes of Bank or Post Offices. The complainant believing the version of agent Shiv Shankar Yadav, started making investment by opening 10 passbook in different numbers of certificate in Ramel Industries Ltd. through its Agent Shiv Shankar Yadav in Dumka Branch office of the Company. The details of above certificates have been shown in para-4 of the complaint petition. It is asserted that in the first Passbook (Certificate) was bearing account No- DMKM 01771822 monthly installment of Rs.1,000/-(One thousand) paid twelve installments, in total paid Rs.12,000/- and its Maturity value was of Rs-13,200/-(Thirteen thousand two hundred) , the second Passbook (certificate) was bearing account No- DMKM 01772080 having monthly installments of Rs.1,000/- and paid twelve installments, in total paid Rs.12,000/- and its maturity amount was Rs.13,200/-(Thirteen thousand two hundred), the third Passbook (certificate) No is DMKM 01772268 monthly installments Rs.1,000/- and paid 11 installments and paid total of Rs.11,000/-(eleven thousand) and its maturity amount was Rs.11,000/-(Eleven thousand), forth account was passbook (certificate) No-DMKM 01772733,monthly installment of Rs. 1,000/-, paid 9 installmemts and the total amount paid was Rs. 9,000/- and the maturity amount was Rs. 9,000/-(Nine thousand), fifth Passbook (certificate) No DMKM01773051, monthly installment of Rs. 1,000/-,total paid eight installments, in total paid Rs. 8,000/- and the maturity value was Rs. 8,000/-(Eight thousand),Sixth Passbook (certificate) No DMKM 012773187 monthly installment of Rs.1,000/-paid in total 7 installments and thus paid total of Rs. 7,000/- and its maturity value was Rs.7,000/-(Seven thousand),Seventh passbook (certificate) No DMKM01773454, monthly installment of Rs.1,000/-, total installments paid 6, in total paid Rs. 6,000/-and its maturity amount was Rs.6,000/-(Six thousand),eighth Passbook bearing certificate No DMKM 01773616 having monthly installment of Rs. 1,000/- ,total 5 installments paid andits maturity value was Rs.5,000/-(Five thousand),Ninth Passbook having certificate No DMKM 01773888,monthly installment of Rs. 1,000/-,total installments paid four, thus paid total amount was Rs. 4,000/ and its maturity amount was Rs. 4,000/- ( Four thousand)-and tenth Passbook having certificate no.DMKM01774267, monthly installments amount was Rs. 1,000/- paid in total three installments thus total amount paid Rs.3000/-and its maturity value was Rs.3,000/-(Three thousand).
It is further stated that in the said 10 accounts complainant deposited in total a sum of Rs.79,400/- (Seventy nine thousand four hundred) Subsequently, the complainant fell in great need of money hence he asked O.P. no.5&6 to make payment under the said passbook and on their advice he deposited Passbooks to the opposite Parties after discharging the same in favour of Ramel Industries Ltd and Opposite Parties jointly and severely received the same through O.P.no.5 and 6 and issued receipt no.DMK 27 dated 30.04.2013 in respect of certificate No. DMKM 01771822 giving undertaking to make payment in respect of the said certificate after 30.05.2013 and also assured to make payment of all the amount of the other matured and prematured passbooks. The Passbook No. DMKM01772080 dated 31.05.2012 matured on 31.05.2013 and also maturity of Passbook No. DMKM01772268 dated 30.06.2012, Passbook No. DMKM 01772733 dated 31.08.2012, Passbook No DMKM 01773051 dated 29.09.2012, Passbook No. DMKM01773187 dated 30.10.2012, Passbook No.DMKM01773454 dated 30.11.2012, Passbook No. DMKM01773616 dated 28.12.2012, Passbook No. DMKM0177388 dated 23.01.2013and Passbook No. DMKM01774267 dated 28.02.2013 and undertaken and assured to make payment between 20.09.2013 and 26.09.2013.
The further case of the complainant is that the despite expiry of aforesaid period of payments no any payment was made by the O.P’s to the complainant. The complainant on several occasions requested them to make payment specially to the O.P.No-5and O.P.No-6 and also requested O.P.No-8 the Agent to arrange for payment but on 26.09.2013 they jointly and severally refused to make payment .It is further asserted that after expiry of said period the complainant lastly gave Pleader’s notice to all the Opposite Parties and requested to make payment of maturity value with interest but they did not reply to it.
It is alleged the opposite Parties have committed negligency and deficiency in service as well as adopted unfair trade practice and thereby caused mental tension, agony, loss and damages to the complainant .It is further alleged that the hard earnings of the complainant has been misappropriated by the Opposite Parties jointly and severally for which the complainant is entitled to get relief as claimed in foregoing paras along with an interest @18% p.a. till its payment .The complainant lastly having found no alternative field this case before this forum for redressel of her grivance.
3. Having received complaint filed by the complainant it was admitted on 12.03.2014 and notices were issued on dated 24.03.2014 upon the O.P’s and even after publication of the notice in Daily News Paper only O.P.No.5 Sandeep Kumar Yadav and O.P.No-6 Bijay Kumar Sah appeared but O.P.No-1 to 4 as well as 7 to 8 did not appear ,hence case proceeded exparte against them vide order dated 11.12.2015.
4- The O.P.No-6 Bijay Prasad Sah appeared and filed his written version on 15.04.2014 and O.P.No.-5 appeared on 15.04.2014 and filed his written statement on 18.06.2014.Opposite Party no.6 in his written version has stated that he never worked as Assistant Manager in Ramel Industries Ltd, in Dumka Branch and has no complicity in the deposits of the complainant in the said company rather he is a student appearing in different competitive examination and has been falsely implicated in this case.
O.P.No-5 Sandeep Kumar Yadav the Branch Manager of Ramel Industries Ltd, Dumka Branch in his written statement besides taking preliminary objection such as maintainability and lack of cause of action has admitted that he joined in Ramel Industries Ltd. Dumka Branch office vide appointment letter dated-30.10.2009 on a fixed monthly salary of Rs.5,000/-(Five thousand).He has further stated that he worked in the company as per direction of C.E.O. and top officials of the company. However, he has admitted that in the year 2013 when the maturity amount of the customers became due and they started demanding Payment of their maturity amount the C.E.O. and top official of the company did not return and then having came to Know the unfair attitude of the company he resigned from the said company on 18.05.2013. He has asserted that he was an innocent employee of the company worked for his livelihood and had no Complicity in wrong doing of the company. This opposite party has further asserted that the complainant herself was an employee of the O.P.no.1 company and she was involved in profit of the company and hence prayed to dismiss this case against this answering O.P.
5. We have heard the argument of the Parties and gone through the record along with the evidence adduced on behalf of the parties.
6. The complainant support of her case has adduced oral as well as documentary evidence She has filed affidavited statement of 05 (five) witnesses including her self, out of them C.W.-1 Pranati Gorai is the complainant herself, C.W-2 Manoj Kumar Gorai is the husband of the complainant and witness on the facts.C.W-3 Madhav Chandra Dev, C.W.-4 Ujjawal Kumar Gorai and C.W-5 Santosh Kumar Das are all witnesses on facts.
Besides oral evidence complainant has adduced following documentary evidence :-
Ext-1 The original application form for opening passbook of Ramel Industrties Ltd,
Ext-2 The original maturity process receipt in respect of certificate no DMKM01771822,
Ext-3 The original passbook No-DMKM01772080,
Ext-4 The original passbook No DMKM01772268,
Ext-5 The original passbook No DMKM01772733,
Ext-6 The original passbook No DMKM01773051,
Ext-7 The original passbook No DMKM01773187,
Ext-8 The original passbook No DMKM01773454,
Ext-9 The original passbook No DMKM01773616,
Ext-10 The original passbook No DMKM01773888,
Ext-11 The original passbook No DMKM01774267,
Ext-12 The original refund voucher No.DMK63 issued by agent Shiv Shankar Yadav,
Ext-13 The original refund vouchern NoDMK17by agent Shiv Shankar Yadav,
Ext-14 The original certificate of Manoj Kumar Gorai vide cerrtificate No.345529,
Ext-15 The photocopy of original maturity prercess receipt of Ujjawal Kumar Gorai vide certificate No.DMKM01772074,
Ext-16to16/5 are the original adjustment/refund vouchers of Ramel Industries Ltd, Dumka Branch,
Ext-17 The photocopy of certificate of Madhav Chandra Das vide no334770;
Ext-18 to 21 are the Office copy of Pleaders notice dated 16.01.2014;
Ext-22 Photocopy of certificate of Madhav Chandra Dey;
Ext-23 Photocopy of certificate of Shila Shil,
Ext-24 Photocopy of Judgment/Order dated 20.11.2017 in C.C.No-24/2014.
On the other hand O.P.No.5&6 have filed affidavited statement of 04(Four) witnesses, out of them O.P.W.No-1 Sandeep Kumar Yadav is the O.P.5 himself, O.P.W. No-2 Mukesh Kumar is a witness on facts.O.P.W.No-3 Binay Kumar and O.P.W.No-4Chandra Kumar are also witness on facts. Besides oral evidence these O.P’s. have adduced following documentary evidence :-
Ext-A Photocopy appointment letter of Sandeep Kumar Yadav;
Ext-B Photocopy of reciept of Employees Provident fund Scheme;
Ext-C The photocopy of deposite slip;
Ext-D The photocopy of Draft;
Ext-E The photocopy of statement of account of Axis bank Dumka Branch;
Ext-F The photocopy of resignation letter dated 18.05.2013 of Sandeep
Kumar Yadav;
Ext-G Photocopy of introducer up tree of the Company at Dumka Branch.
7. The only point for discussion is whether the complainant is entitled to get the relief claimed for?
F I N D I N G S
8. The admitted position of this case is that the complainant Pranati Gorai made investments in Ramel Industries Ltd. by making monthly payment in different account in the branch office Ramel Industries office Dumka.O.P.No.5 was Branch Manager, however, denied that O.P.No.6 ever acted as assistance Branch Manager in the said Branch. It is further admitted fact that the complainant was not paid her maturity amount invested in different accounts even after expiry of the maturity period.
In this connection C.W.1 Pranati Gorai the complainant herself has proved her entire case including location of registered office of Ramel Industries Ltd. Company (O.P.No-1) and has also proved Plan-II(A) which mentioned the terms and condition of the Scheme and the same is marked Ext-1.She has further proved the status and posts of the opposite partiers in her statement. She has further stated that Shiv Shankar Yadav is the agent of the company who induced her to deposite money in the said company which will fetch better interest on the invested amount. Thereupon being induced by the said agent she invested money by opening ten accounts in the MPS scheme for 1 year from 30.04.2012 to 28.02.2013.She has proved the original passbooks as well as maturity process receipts which has been marked Ext-2to 11.She has further stated that later she fell urgent need of money, hence requested the Branch Manager and assistance Branch Manager, Dumka branch of the company and also to the agent of the company to make payment of her her maturity amount. Thereupon, Branch Manager and assistance Branch Manager asked/her to deposite all the Passbooks through her agent before the Dumka branch of the company. Then she deposited one passbook through agent (O.P.No.8)which was recieved by O.P.No.5and 6 and issued maturity process reciept. After expiry of the maturity date i.e. 30.05.2013 she requested to the agent to make payment of her maturity amount from the Branch Manager and assistrance Branch Manager of the company but even after expiry of the said period no payment was made to her rather only assured her that payment will be made in the month of September2013 but on 26.09.2013 they jointly and severally refused to make payment. she she has also stated that agent Shiv Shankar Yadav also got opened nine more accounts and in the said account her maturity and prematurity amount was about Rs.79,400/-but even after expiry of the maturity period maturity value was not paid to her. Thereafter she sent Pleader’s a notice to the O.P’s No-2,3,5 and 8 but none of them replied. She has filed copy the said Pleader’s notice which have been marked as Ext-18 to Ext-21. This witness has not been cross examined by the O.P’s hence her entire uncontroverted statement on oath is taken to be true and proved her entire case. .C.W-2 Manoj Kumar Gorai, the husband of the complainant in his affidavited stratement has support the entire version of the complainant. He has further stated that O.P.No-8 the agent of the Ramel Industries Ltd. induced his wife to open account in the company as she would get better rate of interest by investing in MPS 01 year scheme. His wife due to acquaintance with the agent believed her and got opened an account of monthly installment @Rs.1000/-on 30.04.2012 vide certificate No. DMKM 01771822 having maturity date 30.04.2013. He has proved original process monthly receipt of the said certificate bearing signature of Sandeep Kumar Yadav. He has further stated that the said agent also got opened nine other accounts bearing Passbooks no DMKM 01772080, DMKM01772268,DMKM01772733,DMKM01773051,DMKM01773187,DMKM01773454,DMKM01773616,DMKM01773888and DMKM01774267 and in the said accounts in total sum of Rs.79,400/- was deposited through agent Shiv Shankar Yadav in the company. The said agent also gave passbook of the said accounts bearing signature of Branch Manager Sandeep Kumar Yadav and assistance Branch Manager Bijay Prasad sah, which have been marked as Ext-3to\Ext-11. He has further stated that after expiry of one year he and his wife asked agent to make payment of the maturity amount of the first account then he gave maturity process receipt mentioning date of payment as 30.05.2013 and on the said date they asked agent to make payment of the maturity value, then agent asked to get payment from branch office of the company. Thereupon, he along with his wife went to branch office to the company but no any payment was made by the Branch Manager and assistance Branch Manager rather on 26.09.2013 they refused to make payment. He has also stated that the agent Shiv Shander Yadav also enticed him that he would get double amount in the period of five years in a companies Scheme then he deposited Rs.5000/-(five thousand) but his maturity amount was not paid. He has proved his certificate as Ext-14. This witness has further stated that agent Shiv Shanker Yadav also got opened account of so many persons but did not pay their maturity value. Thus he has also fully proved the case of the complainant. His statement is taken to be true as he was not cross- examined by the O.P’s. Similarly C.W-3 Madhav Chandra Dey and C.W.4 Ujjwal Kumar Gorai have also stated on oath that the complainant invested Rs.79,400/- in Ramel Industries Ltd Dumka branch through agent but the maturity amount of all the ten accounts were not paid by the O.P’s,C.W-3 has also stated that agent Shiv Shanker Yadav earliar got opened Passbooks of many consumers by taking Cash from them and also gave away their maturity amount on behalf of the company. He has proved the original refund vouchers Ext-13 and Ext- 14 and original adjustment and refund voucher as Ext-16to 16/5. C.W-5Santosh Das has also supported entire case of the complainant and corroborated version of the complainant. In this way complainant and all her witnesses have fully proved the entire case.
9. As we have seen from above paragraphs that the O.P.No-5 Sandeep Kumar Yadav and O.P.No-6 Bijay Prasad Sah have only appeared and filed their written vcersion. O.P N0-5 has admitted in his written statement that he is the Branch Manager of the Ramel Industries Ltd. Dumka branch and employee of the company however resigned from company on 18.05.2013. He has filed his resignation letter, which is marked as Ext-F and from perusal of this resignation letter it appears that H.R. of the company did not except the resignation of this O.P. The O.P.No-5 have also filed photocopy of his appointment letter marked as Ext-A showing that he had full knowledge of the terms and conditions of the company.O.P.No-6 Bijay Prasad Sah has filed his show-cause claiming that he never worked for the company as assistance Branch Manager of Dumka branch. He has also claimed that his name is Vijay Prasad Sah not Bijay Prasad Sah and hence on the ground of spelling mistake he claimed that he never worked for the company. But his claim in not acceptable as all the witnesses including complainant have identified him as assistance Branch Manager of the company and also proved his signatures on different documents of the company.
O.P.W-1 Sandeep Kumar Yadav who in the O.P.No-5 has admitted in his cross-examination in para-19 that maturity amount of the consumers was paid through his branch further in Para -20 admitted that Shiv Shanker Yadav has been collecting maturity amount of the company and has identified his signature as Ext-12.This O.P witness has also identified the stamp on the refund voucher marked as Ext-13. O.P.W.no.2 appears to be a heresay witness hence his evidence is not admissible, however he has admitted in para-12that the Branch Manager was liable to make payment alongwith the interest of maturity value.O.P.W. no.3 Binay Kumar admitted that O.P.No-5 worked as the branch Manager of the company. However this witness also appears to be a heresay witness. He has admitted in para-12 that in a case filed by Sanat Kumar Gorai against all the O.P’s vide C.C.No-24/2014 order has been passed by this court, which has been marked Ext-24.O.P.W.no.4 Chandra Shekhar Kumar admitted his acquaintance with O.P.N0-5 and 6 an also stated that O.P.No-5 is the Branch Manager but deliberately concealed the fathers name and address O.P.No-6.
10. From the critical analysis of the oral evidence of the complainant’s and O.P’s witness it is proved that O.P.No-5and 6 are the Branch Manager and assistance Branch Manager of the company of Dumka branch and the O.P. Company in connivance of all the other O.P’s have illegally and arbitrarily jointly and severally misappropriate the hard earnings of the complainant and committed deficiency in service by adopting unfair trade practice.
11. Learned Counsel for the complainant in support of his case have relied upon following rulings :-
- Order Passed in T.K.Gorai Vrs S.K.Gupta and others, in F.A.No.401/2003 by the State Consumer redressal commission, Jharkhand,Ranchi dated 16.01.2004;
- Order passed by Hon’ble Andhra Pradesh SCDRC,Hyderabad in M/S Kapil Chit Fund (P)Ltd Vs,Smt P.Usha and another in FA No 952/2011dated 10.12.2012;
- Order Judgement of Delhi SCERC New,Delhi in M/S Sheenu Chits Pvt.Ltd and another Vs Dharampal Katiyal in F.A. No-447/2010 dated 18.03.2014;
- AIR 2004 A.P.page-343.
The aforesaid case laws fully covers fact of this case. The Hon’ble Courts in the said case laws have settled Principle of law that refusal of the payment of amount of the consumers as well as refusal to pay the prize money by the chit fund company is unfair trade practiceas well as deficiency in service. The Hon’ble Jharkhand SCDRC Ranchi in the above mentioned first ruling that the authorized agent as well as the Branch Manager of the company are Jointly and severally to pay awarded amount of the Consumer, who invested the money in the company
12. Upon consideration of the above facts evidence and rulings it is proved the O.P’s by refusal to make payment of the maturity value of ten certificates (Passbooks) of the complainant have committed deficiency in service, hence, liable to make payment of the principal amount of Rs.79,400/-,Rs-15,000/- as an of compensation and Rs.5000/- as a litigation cost besides O.P’s are liable to pay interest @18%.p.a.on the maturity amount till its payment.
In the result,
O R D E R E D
That the case be and the same allowed on contest against O.P.No-5 and 6 and exparte against rest of the O.P’s .We therefore direct the O.P’s no.1 i.e. Ramel Industries Ltd. and other Opposite Parties (i.e.2to 8) as pay Rs.79,400/-(Seventy nine thousand four hundred). As a Principal amount along with interest 18%p.a from the date of maturity till its payment, further direct to pay Rs.15,000/-as compensation and further more direct to pay Rs.5,000/-as litigation cost to the complainant.
This order shall be complied by the Opposite Parties within 30 days from the date of receiving copy of the order, failing which legal action as contemplated u/s 25& 27 of the consumer Protection Act,1986 shall be initialed.
The office clerk is directed to supply copy of the order to the parties or their lawyers free of cost.
This case is thus stands decided accordingly.
