1.      Ankush Ghosh,

son of Ashok Ghosh,

village & P.S. Jagacha, Sundarpara,

P.O. GIP  Colony, District –Howrah,

PIN – 711121.  

2.      Bifal Porel,

son of Deben Porel,

Janakalyan Jalpara, P.O. Dhapa,

P.S. Pragati Maidan,

Kolkata – 700105.

3.      Sekh Amed Hosen,

son of Abdul Gofur,

Moukhali Musalmanpara, P.S. Jagacha,

P.O. GIP Colony,

Howrah – 12.

4.      Saraswati  Ghosh,

D/o. Jugol Krishna Ghosh,

Village & P.S. Jagacha, Sundarpara, P.O. GIP Colony,

Howrah – 711112.

5.      Sk. Hamid Ali,

son of Sk. Hasen Ali,

1 no. Moukhali Sekh Para, P.S. Jagacha,

P.O. GIP Colony,

Howrah – 12.

6.      K. Sanjeeva Rao,

s/o. Surya Narayan Kelam,

Santragachi  Railway Colony,

Block – A/2/31, P.S. Jagacha,

Howrah – II.

7.      Manju Adak,

d/o. Gour Ch. Ghosh,

            village & P.S. Jagacha, Sundarpara,

P.O. G.I.P. Colony, Howrah,

PIN - 711112.

8.      Jahanara Begam,

w/o. NIjam Mahamad,

Moukhali Amir Ali Para, P.S. Jagacha,

P.O. GIP Colony,

Howrah – 12.

9.      Manuyar Khan,

s/o. Shiyar Khan,

Birshibpur, Pattay & Muhirampur, Lalitagori, Uluberia,

Howrah -316.

10.  Dinabandhu Das,

s/o. Ajoy Kumar Das,

Village & P.S. Chaulia, Dantan,

Madinipur.

11.  Sk. Yousuf,

s/o. Sk. Doman, Chandkhanpara, Moukhali,

P.S. Jagacha, P.O. GIP Colony,

Howrah – 12. ---------------------------------------------------------COMPLAINANTS.

-          Versus   -

1.         Satyapriya  Ghosh (  CDM-CUM-MD)

            ‘Royal Insurance Corporation’,

            Satyam Tower, 5^th floor, VIP Road,

            Opposite Haldiram, P.S. Baguiati ( BNC ),

            Kolkata -  700052.

2.         Royal HRD Marketing Pvt. Ltd.,

            Satyam Tower, 5^th floor, VIP Road,

            Opposite Haldiram, P.S. Baguiati ( BNC ),

            Kolkata -  700052.

3.         Officer –IN-Charge / R.M.,

            Reliance Life Insurance Co. Ltd.,

            4^th floor, 38=B, Himalaya House, J.L. Nehru  Road,

            Kolkata – 700071.-------------------------------------------------OPPOSITE PARTIES.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  Complainants of 11 numbers,  by filing a petition U/S 12 of the C .P. Act,

1986 ( as amended up to date ) have  prayed for a direction to be given upon the o.ps. to refund Rs. 3,00,900/- with interest, to pay Rs. 45,000/- as compensation along with litigation costs.

2.                  Brief facts of the case is that complainants, on  being convinced by O.P. nos. 1

& 2, invested  Rs. 5,100/- each in the insurance policy of O.P. no. 3. O.P. nos. 1 & 2 claimed to be the agent and associate of O.P. no. 3, being Reliance Life Insurance (  R.L.I. ) AGENT CDA CODE – F 39473. O.P. nos. 1 & 2 took 59 numbers of payments of  Rs 5,100/- each from the complainants from the house of complainant no. 1, being Ankush Ghosh vide Annexure 19, 20, 21 and 22, 23. In this way, O.P. nos. 1 & 2 collected Rs. 3,00,900/- in total. After such investment, complainants went to the office of O.P. nos. 1 & 2 to collect life insurance certificates, but at that time, O.P. nos. 1 & 2 took back all money receipts issued previously and gave all ‘kind’ stamped receipts to the complainants with a very low quality ‘Fengsui’ item as gift. Also O.P. nos. 1 & 2 told them that a lump sum amount of  compensation would be given very shortly. But after few days, when the complainants went to the office of O.P. nos. 1 & 2 to get their money back, they were refused with bad behavior and ill words. Later on, when complainants verbally asked for the return of their money, O.P. nos. 1 & 2 remained silent without giving their money back. Complainants felt totally helpless and realized that O.P nos. 1 & 2 adopted all unfair means to sell their products. Being frustrated and finding no other alternative, complainants filed this instant petition praying for the aforesaid reliefs.  

3.                  Notices were served. O.p. nos. 1 & 2  appeared and filed written version

separately. Although O.P. no. 3 appeared on different dates and prayed for time to file written version, even after availing of many opportunities. O.P. no. 3 did not file written version.  Accordingly, the  case was  heard ex parte against O.P. no. 3.

4.                  Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

ii)                  Whether the complainants are  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.                  Both the points are  taken up together for consideration.            We have carefully

gone through all the annexures submitted by the complainants along with their petition of complaint which are marked as Annexure A1 to 15. Also in the brochure , O.P. no. 1, as C.M.D. of the company, in the preface portion, has claimed that it is an associate of Reliance Life Insurance Companies Ltd. providing the individual insurance coverage vide Annexure A – 19, 20, 21. Complainant no. 1 also filled up application form of O.P. no 3, Annexure A-22, 22(1), 23. At the same time complainants joined in the marketing division of O.P. nos. 1 & 2 vide Annexure A-24.

6.                  O.P. nos. 1 & 2 filed separate written versions. We have carefully gone

through both the versions and noted their contents. It is the specific plea of O.P. no. 1 that as C .M.D. of the O.P. no. 2, company, no allegation should lie against him. But all promises were made by him through the preface of the brochure of O.P. no. 2 on his personal capacity. Accordingly, O.P. no.1’s this plea is not at all tenable in the eye of law. O.P. no. 1 also stated that  Rs. 5,100/- was accepted from the complainants as the joining amount for the net working business but not for any insurance policy. Moreover, O.P. no. 1 also challenged Annexures A- 22, 23 by saying that two documents are manufactured and not genuine vide para 13. But it is to be kept in mind that common people would never pay such an amount of Rs. 3,00,900/- in total for a simple fengsui item. We all know that now-a-days, it has been very easy to attract people in the name of any insurance plan. Considering family’s future security, any person may be convinced to invest in insurance policy. And business organizations like O.P. nos. 1 & 2 always take that advantage to dupe people with all malafide intension. And when the name of O.P. no. 3 is appearing in the brochure of O.P. nos. 1 & 2, O.P. no. 3 has got full knowledge about the activities of O.P. nos. 1 & 2. O.P. no. 3 cannot shrug off its liability and responsibility so easily. Moreover, o.p. no. 3 did not file any written version from which it is clear that there is nothing to put forward in their favour. But the same time, no money receipt could be annexed by the complainant issued by O.P. no. 3. All payments were made to O.P. nos. 1 & 2,  who  never deposited any amount with O.P. no. 3 for purchasing insurance policies on behalf of the complainants. We have also read para / reply  nos. 5,7, 10, 13, 16, 17, 20, 22 etc. filed by the complainants against the questionnaire of O.P. nos. 1 & 2. From this it is  crystal clear that O.P. nos. 1 & 2 took a very big amount of Rs. 3,00,900/- from the complainants towards insurance policy only which they did not perform. We have also seen the Annexure 1 ( file copy ) attached with reply of the complainants. So, O.P. no.2’s claim of being simple net work marketing organization and not an insurance agent is also not tenable. Only to make some unlawful and illegal monetary gain, O.P. nos. 1 & 2 adopted this kind of unfair means which is highly unethical and should be stopped at once. These kind of organizations can never be called true business organization. These are all fake organizations whose only motto is to harass and defraud  people with all ill motive which should not be allowed to be perpetuated. O.P. nos. 1 & 2 have not only befooled these instant complainants, but also they must have collected sum more big amounts from large number of people which has got a very bad  effect  on our society and as a social beneficial legislation, Consumer Protection Act, 1986  would definitely take positive cognizance against this kind of   fraudulent activities of O.P nos. 1 & 2.   Accordingly, the case succeeds on merit.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 101 of 2013 ( HDF 101 of 2013 )  be  allowed on contest with  costs  against  the O.P. nos. 1 & 2 and dismissed ex parte against the O.P. no. 3 without cost.  

      That the  O.P. nos. 1 & 2  are jointly and severally directed to  refund Rs. 3,00,900/- to the complainants as per their individual payment within one month  from the date of this order i.d., the entire amount shall carry an interest @ 10% p.a. till actual payment.

      That the o.p. nos. 1 & 2  are further directed to pay an amount of Rs. 45,000/-as compensation and Rs. 10,000/- as litigation costs to the complainants within one month from the date of this order i.d., the entire amount shall carry an interest @ 10% p.a. till full realization.

      Further the O.P. nos. 1 & 2 are further directed to pay an amount of Rs. 1,00,000/- to S.C.W.F. as per Section 14(1)(hb) of the C.P. Act, 1986.   

      The complainants are at liberty to put the decree into execution after expiry of the appeal period.         

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.

 ( Jhumki Saha )                         ( P. K. Chatterjee )                (T.K. Bhattacharya  )

 Member,                                     Member,                                President,

 C.D.R.F.,Howrah.                     C.D.R.F.,Howrah.                 C.D.R.F.,Howrah