The Complainant filed this case u/s 12 of C.P. Act, 1986 as amended upto date.
The case in brief is that all the ten Complainants invested different amounts of rupees in different scheme of the Micro Finance Institute, a Division of Eminence and Eminence Infra Projects Ltd. (The O.P. Company) through their agent and the O.P. committed for different maturity amount against the different investment of the individual ten Complainants. But after the date of maturity and future likely maturity the O.P. failed to pay the different maturity amount to the different Complainants.
The Complainants went to the registered office of the O.P. as printed in the certificate but did not find any existence of the O.Ps. Office and in such search the Complainants found the residential address of Sri Somnath Banerjee President / Authorised Signatory and the founder of such fake forged Company.
Thereafter, the Complainants lodged a written complain before Consumer Affairs & F.B.P., Bankura, accordingly notices were issued upon the O.P., subsequently Sri Banerjee attended in two mediations before the C.A. & F.B.P., Bankura and assured to pay all the amounts due to the investors within three months on and from 17-06-2014 and also repaid a
meager amount but thereafter neither the O.P. appeared nor he paid any amount within the stipulated time. Finding no other alternative the Complainants decided to file this case jointly.
The Complainants prayed for reliefs as per the Complaint.
In the present case the O.P. appeared after receiving notice and filed W.V. but thereafter, did not contest with the case and the case has been heard exparte against the O.P.
The O.P. filed written version stating inter alia that all the ten Complainants made false and motivated averments against him. The O.P. admitted that he was a Chairperson of Eminence Infra Projects Ltd. and stated that the O.P. Co. unable to continued their works, activities and business due to Sharda Scam. The O.P. again stated that he had attend the mediations before the C.A. & F.B.P., Bankura and under extreme unwanted illegal pressure of the Complainants compelled to commit to pay back the principal amount of investment of the Complainants not the maturity amount and accordingly he paid Rs.50,000/- to one of the Complainant named Pijush Das. But that Pijush Das never confirmed the O.P. regarding the payment of that amount to right persons.
The O.P. also stated that after 18-03-2014, the O.P. several times informed the Complainants that two persons namely Sri Tarun Kr. Das and Sri Subal Kr. Das had taken charges for Murshidabad District to pay back of the premature and maturity payment; but the Complainants did not heed of it; and since the above mentioned two persons legally took charge of all liabilities related with the Complainants, the O.P. has no liability and without making parties of the above mentioned two persons the case is liable to be rejected. The O.P. also prayed for rejection of the case.
None filed written argument. We have heard Ld. Advocate for the Complainants. Following points are necessary to discuss for the determination of the case.
Points for Determination
1) Whether the Complainants are Consumers under Section 2(1)(d)(ii) of the C.P.Act,1986 ?
2) Whether this Forum has jurisdiction to try this case?
3) Whether there is any deficiency in service on the part of the O.P?
4) Whether the Complainants are entitled to get any relief or reliefs as prayed for?
Decision with reasons
Point –(1): Evidently all the ten Complainants have deposited different amount in different schemes of the O.P. Company and accordingly the O.P. issued different deposit certificates, Letters of Allotment, Pass Books, etc. in the name of the individual ten
Complainants. Therefore, all the ten Complainants are the Consumers of the O.P. u/s 2(i)(d)(ii) of the C.P. Act, 1986.
Point –(2): Total valuation of the case is far less than the pecuniary jurisdiction of this forum.
The O.P. resides within Bankura District. So, this Forum has both pecuniary as well as territorial Jurisdiction to entertain the instant case.
Point –(3 & 4): Both the points are inter related to each other, so taken up together for discussion for the sake of convenience and brevity.
At the time of hearing Ld. Lawyer for the Complainants stated that the Complainant No.1 invested total amount of Rs.50,000/- in different schemes of the O.P. and the maturity value of that total investment were Rs.1,04,000/- but after the maturity and future like maturity the O.P. failed to pay the amount.
Similarly Complainant No.2,3,4,5,6,7,8,9 and 10 invested total amount of Rs.38,650/-, Rs.6,800/-, Rs.15,000/-, Rs.44,000/-, Rs.80,000/-, Rs.57,000/-, Rs.29,300/-, Rs.16,200/-, Rs.62,000/- respectively in different schemes of the O.P. and the maturity value of those investment were Rs.45,047/-, Rs.8,133/-, Rs.20,000/-, Rs.53,040/-, Rs.1,40,000/-, Rs.1,14,000/-, Rs.37,238/-, Rs.21,060/- and Rs.69,333/- respectively; but the O.P. did not pay any amount after the maturity or future like maturity of those schemes.
In support of the statement Ld. Lawyer for the Complainants submitted the Xerox copies of Money Multiplier Deposit Certificates, Letters of allotment private placement, Pass Books of R.D. and MIS. Of all ten Complainants issued by the O.P.
We have verified the documents carefully. It is clear from those documents that the Complainants have deposited the different amounts on different schemes of the O.P. and the O.P. has issued the different certificates / Pass Books in respect of their investment duly signed by the O.P. It is also clear from those documents that the Complainants are also
entitled to get their maturity amount but on scrutiny of those documents some complications have been arised in calculation of maturity amount because from the Pass Books of RD and MIS it is not clear that how much amount has been deposited or received by the Complainants for those schemes respectively. So, it is not clear what exact amount
is deposited by the Complainants and what exact amount they will get after maturity and the Complainants failed to file all the related documents on several demands.
In this regard we have verified the note sheet filed by the Complainants which has been prepared at the Office of C.A. & F.B.P., Bankura at the time of mediation held on 18-03-2014 and found that O.P. has committed to refund Rs.2,55,000/- to the Complainants towards their invested amount within 15th July to 31st August, 2014.
Now since it is not clear from the documents filed by the Complainant that how much amount of money they have invested in the different schemes of the O.P. therefore, we have decided to award the amount to the Complainants which the O.P. himself has committed to refund in the mediation dated 18-03-2014 i.e. Rs.2,55,000/-. Out of which the O.P. has paid Rs.50,000/- to the Complainants as a part of his commitment. Therefore, the Complainants are entitled to get Rs.2,05,000/- along with interest.
Moreover, the O.P. stated in his written version that since two people namely Sri Tapan Kr. Das and Sri Subal Kr. Das had taken charges to pay back the pre-mature and maturity payment of the persons for the Murshidabad District and all liabilities related with Complainants, he has no liability regarding this case.
It is clear from the documents filed by the Complainants that the O.P., Mr. Somnath Banerjee was the DIN and President of the Eminence Infra Projects Ltd., the O.P. Company. So, being the Principal of the Company he cannot ignore his liability towards the payment of the invested amount of the Complainants in the different schemes of his Company. The charge has been handed over to whom for Murshidabad District and to whom for others, i.e. the Official matter of the O.P. Company and the Complainants must not suffer for the same. Besides, at the time of mediation held at the Office of C.A. & F.B.P., Bankura on 18-03-2014 the O.P. did not speak about the matter of charge transferred rather the O.P. has committed to pay the above mentioned amount to the Complainant and has paid
Rs.50,000/- as part payment and after that he raised the matter of charge transfer and did not pay the rest amount. So, the O.P. is bound to pay the amount of the Complainants with interest.
From the above discussion it is clear that there is deficiency in service on the part of the O.P. Points 3 & 4 are thus disposed of in favour of the Complainants.
Hence, the case stands but in part.
Proper fees have been paid.
Hence, it is
Ordered
That the C. C. No.144 of 2014 be and the same is hereby allowed exparte in part with cost of Rs.3,000/-.
The O.P. is directed to pay Rs.2,05,000/- to the Complainants along with interest @ 10% p.a. from the date of filing of this case till the realization of the amount.
The O.P. is also directed to pay all the above mentioned amount to the Complainants within two (2) months from the date of this Order failing which the Complainants shall be at liberty to execute this Order as per rules and procedure.
Let a plain copy of this Order be supplied to the parties free of cost.
