ORDER

(Passed on 26/03/2019)

PER SHRI.ATUL D.ALSI, PRESIDENT.

               These three complainants have been filed U/s 12 of the Consumer Protection Act,1986 against the same opponents alleging deficiency in service in not refunding the deposited amount alongwith accrued interest and thereby praying for refund of the respective deposit amounts alongwith 18% interest thereon and further claiming compensation of Rs.50,000/- towards mental torture and further Rs.25,000/- towards cost of proceeding in each complaint.  All the three complaints involves similar issues and are directed against the same opposite party and praying for similar reliefs and hence we are inclined to decide all the three complaints by passing a common judgment and order. 

2.       The OP No.3 is a registered company situated at Kolkota having its branch office i.e. OP No.2 at Chandrapur within the jurisdiction of this Forum. The OP No.1 is an agent for OP Nos.2 & 3.  The OP Nos.2 & 3 used to accept deposits for their business and used to pay interest on deposit amounts to the depositors and the OP No.1 used to collect deposits from depositors for OP Nos.2 & 3.

3.    The complainants in all the three complaints have deposited the amounts as shown in the following statement by purchasing fully secured non convertible redeemable debentures (S.N.C.R.D.)  of OP Nos.2 & 3 through OP No.1.  The details of deposits are as follows..

4.           The complainants were in need of money and hence they prayed for refund of their respective deposited amounts. However, the OPs. did not respond. Hence the complainants issued legal notice dated 10/8/2015 to the OPs. through their advocate Mr.Kullarwar. However, even after due service of notice, the OPs failed to refund the deposited amounts and therefore, all these three petition came to be filed.

5.      The OP No.1 filed reply and admitted that on 24/12/2012 the complainants have deposited respective amount by purchasing fully secured non convertible redeemable debentures (S.N.C.R.D.)  of OP Nos.2 & 3 through OP No.1.  However, in this transaction the OP No.1 has acted as an agent to bring the depositors in contact of of OP Nos.2 & 3 for purchase of debentures. However, he had no right to accept money on behalf of OP Nos.2 & 3 neither there was any appointment letter issued by OP Nos.2 & 3 in this regard though the debenture certificates mentions agent code and name of OP No.1.  The dispute is regarding refund of deposit amounts and OP Nos.2 & 3 are jointly liable to refund the same to the depositor including the complainants herein. The OP No.1 as such, has no role to play in the matter of refund of deposits and hence is not responsible for the same. Therefore the case may be dismissed against OP No.1.

6.       The OP Nos.2 & 3 despite of due service of notice, failed to appear before this forum neither they file their written version and evidence for rebuttal of allegations made against them by the complainants. Therefore the Forum proceeded exparte against OP Nos.2 & 3 by passing order dated 11/10/2018 to that effect on Exh.1.

7.           We have gone through the complaint, written versions filed by OP No.1, affidavit, documents and WNA filed by complainants and OP No.1. We have also heard the oral arguments advanced by the parties present.

                    Points                                                                                     Finding

1. Whether the complainant is a Consumer ?                                      Yes

2. Whether the Forum has jurisdiction to try complainant?                       Yes

3.  Whether  there is deficiency in service on the part of

     OP Nos.1 ?                                                                                                 No

4.  Whether  there is deficiency in service on the part of

     OP Nos.2 &  3 ?                                                                                         Yes

5. What order ?                                                                   As per final order..

As to issue No.1 & 2

8.      The complainants have filed on record the respective deposit receipts. Perusal of these receipts clearly shows that on 24/12/2012 the complainants have deposited respective amounts for purchasing fully secured non convertible redeemable debentures (S.N.C.R.D.)  of OP Nos.2 & 3 through OP No.1.  This fact is also admitted by OP No.1 in his reply. Hence all the complainant are “consumer” within the meaning of Section 2(1) (d) and the services as promised are the services within the meaning of section 2(1)(d)(ii) of CP act. The amount has been deposited through OP No.1 with the OP No.2 which is the branch office of OP No.1 at Chandrapur. Hence this Forum has jurisdiction to try this complaint. hence the issue is decided accordingly.

As to issue No.3 & 4

9.       From the respective deposit receipts filed by the complainants on record it is crystal clear that on 24/12/2012 the complainants have deposited respective amounts for purchasing fully secured non convertible redeemable debentures (S.N.C.R.D.)  of OP Nos.2 & 3 through OP No.1.  However, the OP NOs.2 & 3 failed to refund the deposited amount of the complainants despite demand to that effect from the complainants. The role of the agent i.e. OP No.1 in this transaction is limited to bringing the depositors to the company i.e.OP Nos.2 & 3. There is no expressed or implied authorization in terms of contract to the OP No.1 to receive deposits on behalf of OP Nos.2 & 3 neither the OP No.1 is the office bearer of OP Nos.2 & 3. Therefore, no liability can be fastened as against OP No.1 in the matter of refund of deposited amount. Therefore, the complaint is liable to be dismissed as against OP No.1.

10.        However, the OP Nos.2 & 3 have failed to refund the deposit amount to the complainants despite repeated requests in this behalf from their end.  Therefore direction needs to be given to them to refund the deposit amounts of respective complainants alongwith interest @10% p.a. thereon from the date of deposit i.e. 24/11/2012 till its actual realization by the complainants alongwith compensation of Rs.25,000/- and cost of Rs.10,000/- to the complainant in each complaint.

As to issue No.5

11.              In view of our observations as above, we pass the following order..

Final order

1.  All the three Complaints bearing Nos. 178,179 & 180 of 2015 are partly   

     allowed.

2. The OP Nos.2 & 3 are directed to jointly and severally pay to the respective complainants their respective deposited amount alongwith interest @10% p.a. from the date of deposit i.e. 24/11/2012 till its actual realization by the complainants.

3. The OP Nos.2 & 3 are further directed to jointly and severally pay to the respective complainants compensation of Rs.25,000/- and cost of Rs.10,000/- to the complainant in each complaint.

4. The complaint as against OP No.1 is dismissed.

5. Copy of the order be furnished to both the parties free of cost.

(Smt.Kalpana Jangade (Kute)  (Smt.Kirti Vaidya (Gadgil)     (Shri.Atul D.Alsi)

               Member                                 Member                                    President