Date of Filing: 12/07/2013 Date of Final Order: 24/03/2017
Sri Debangshu Bhattacharjee, Member.
The Complainant Mr. Subhendu Naryan Mitra, S/o. Late Noni Gopal Mitra , filed the present case u/s 12 of C.P. Act, 1986 praying for issuing direction upon the O.Ps to return back the amount of Rs.66,000/- and 10% interest along with compensation of Rs.26,000/- for mental pain, agony & unnecessary harassment and litigation cost of Rs.7,500/-.
The brief facts of the case as per complainant are that complainant invested Rs.60,000/- (12 installments of Rs.5,000/- per month) as recurring deposit in UNIX INFRASTRUCTURE LTD., Application No. R-15686, Sc. No.39097-39016, Scheme–SPS-1, Table No. A, Period 12 Months to the Company and the Company issued Money Receipt against the said payment.
On the date of maturity the Complainant submits his all original documents to UNIX INFRASTRUCTURE LTD .The Company issued “Inward Received” (Annexure-B) in the name of the Complainant. Thereafter, the accused gave an account payee cheque for a sum of Rs.66,000/- signed by the O.P. No.3, vide cheque No.590435 dated 20/04/2013 drawn on ICICI Bank, V.I.P. Road Branch, Kolkata with the specific promise that the same shall be enchased on its presentation. However, on presentation of the same by the Complainant with his bankers, (S.B.I., Sagardighi Branch, Cooch Behar) the said cheque was dishonored on account of insufficient fund vide returning memo dated 22/04/2013. Thereafter, the complainant contacted with the OPs. But the all efforts went in vain.
Due to such activities of the O.Ps, the Complainant suffered mental pain, agony & harassment and finding no other alternative; he has filed the present case before this Forum seeking redress and reliefs as incorporated in the prayer portion of the Complaint.
The Notice was sent to the said O.Ps on proper address dated 19/07/2013 through Regd. Post with A/D and the S/R was received by this Forum. After receiving the notice the O.P. No.1 & 2 appeared before this forum and submitted W.V. The O.P. No.3 took no step after receiving the notice. Thus, the case proceeded with Ex-parte against the O.P. No.3.
The O.P. No.1 & 2 have contested the case by filing Written Version denying all material allegation of the complaint. Both the O.P stated that they were only the office staff of this company. Mrs. Amita Mitra, wife of the Complainant, Mr. Subhendu Naryan Mitra was a marketing member of the company and the Complainant deposited the amount through his wife. After the maturity date, the O.P. No.3, Mr. Amal Bhattacharjee Managing Director, UNIX INFRASTRUCTURE LTD issued an account payee cheque for a sum of Rs.66,000/ Signed By the O.P. No.3, vide cheque No.590435 dated 20/04/2013 drawn on ICICI Bank, V.I.P. Road Branch, Kolkata. However on presentation of the same by the Complainant with his bankers, (S.B.I., Sagardighi Branch, Cooch Behar) the said cheque was dishonored on account of insufficient fund vide returning memo dated 22/04/2013. The O.P. No.1 & 2 denied all allegations upon them and stated that the O.P. No.3 was responsible for the payment.
On 17/12/2013 the O.P. No.1 & 2 filed a petition on the point of maintainability according to Section 2(d)(i)(ii) of the C.P. Act, 1986. On 31/12/2013 this forum rejects the petition after being heard of both parties. On that day the forum directed the both parties to submit their evidence on affidavit. On the basis of this order the complainant filed evidence on affidavit. On 20/01/2014 Ld agent of the O.P. No.1 & 2 files a verified petition stating that they have filed one revision petition Being Case No. RP/5/2014 before the Honorable State Commission. The case was disposed off on 05/12/2015. On 05/04/2016 both the Complainant and the O.P. No.1 & 2 file hazira and praying for further proceeding of the case. The O.P. No.1 & 2 also filed petition for filing additional W/V. After that the O.P. No.1 & 2 get ample opportunities for filing W/V. On 09/03/2017 we heard the ex-parte argument from the complainant in full.
In the light of the contention of the Complainant, the following moot points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant a Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the Opposite Parties any deficiency in service and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully and perused the evidence on affidavit of the Complainant. Perused the entire documents on record also heard the argument advanced by the Complainant at a length.
Point No.1.
The Complainant procured Receipts, Certificates against his investment of Rs.60,000/- in 12 occasions from UNIX INFRASTRUCTURE LTD. The company issued Money Receipt by receiving the said amount from the Complainant. The O.P. No.3, Mr. Amal Bhattacharjee Managing Director, UNIX INFRASTRUCTURE LTD issued an Account payee chaque in the name of the complainant after maturity. Thus, the relation between the Complainant and the O.Ps, so established from the record, we are convinced to hold that the Complainant is the Consumer of the O.Ps u/s 2(1)(d)(ii) of the C.P. Act, 1986.
Point No. 2.
The Complainant invested his money to UNIX INFRASTRUCTURE LTD through his authorized agent and the total payment of his investment made in the Cooch Behar Branch of this company. So, the Jurisdiction of the Complain within this District. Moreover, the complaint value of Rs.66,000/- with other relief which is far less than the prescribed limit.
Hence, this Forum also has the pecuniary jurisdiction to entertain the present complaint.
Point No. 3 & 4.
Evidently, The Complainant Mr. Subhendu Naryan Mitra, S/o. Late Noni Gopal Mitra , filed the present case u/s 12 of C.P. Act, 1986 praying for issuing direction upon the O.Ps to return back the dishonored cheque amount of Rs.66,000/- and 10% interest with compensation of Rs.26,000/- for mental pain, agony & unnecessary harassment and litigation cost of Rs.7,500/-.
The Notice was sent to the said O.Ps on proper address dated 19/07/2013 through Regd. Post with A/D and the S/R is received by this Forum. After receiving the notice the O.P. No.1 & 2 appeared before this forum and submitted W/V. The O.P. No.3 took no step after receiving the notice. Thus, the case proceeded with Ex-parte against the O.P. No.3.
The O.P. No.1 & 2 also gets ample opportunities for filing additional W/V. On 09/03/2017 we heard the ex-parte argument from the side of the complainant in full.
The non appearance of all the O.Ps proves that they have nothing to contest against the complaint made by the Complainant.
The Complainant filed Evidence on Affidavit and also participates in the Ex-parte hearing of argument.
In Annexure – “J” to “U” the Complainant filed Xerox copy of Money Receipt which he sent to the O.P Company after the maturity date of the deposits (duly sealed and Signed by the O.Ps). The Complainant admitted that according to the company’s terms and conditions the originals of such documents has been sent to the O.Ps.
From Annexure – “J” to “U” it is also reveals that Mrs. Amita Mitra, wife of the Complainant Mr. Subhendu Naryan Mitra was a marketing member of this company and the complainant deposited his all amount through his wife. After maturity of the scheme the O.P. No.3, Mr. Amal Bhattacharjee Managing Director, UNIX INFRASTRUCTURE LTD. issued an Account payee chaque in the name of the complainant which was dishonored. On 05/04/2016 the Complainant by filing a petition praying for direction to the O.P. No.1 & 2 to supply the essential documents before this forum against the O.P. No.3. In this petition the Complainant admitted the fact that the O.P. No. 1 & 2 are also the sufferer like him. So, the charges against the O.P. No. 1 & 2 are not proved.
The O.P. No.3, Mr. Amal Bhattacharjee Managing Director, UNIX INFRASTRUCTURE LTD issued an account payee cheque for a sum of Rs.66,000/ signed by the O.P. No.3, vide cheque No.590435 dated 20/04/2013 drawn on ICICI Bank, V.I.P. Road Branch, Kolkata. However on presentation of the same by the Complainant with his bankers, (S.B.I., Sagardighi Branch, Cooch Behar) the said cheque was dishonored on account of insufficient fund vide returning memo dated 22/04/2013. Thus, deficiency in service of the O.P. No.3 cannot be ruled out.
Thus, the present case succeeds by unchallenged testimonies.
As it is already proved that the Complainant is the Consumer of the company and the O.P. No.3 is guilty of deficiency in service and adoption of unfair trade practices, we decide the case in favour of the Complainant without any hesitation and allowed reasonable relief as per law, equity and gravity of the case.
Hence,
Ordered,
That the present Case No. CC/66/2013 be and the same is allowed in Ex-parte with cost of Rs.7,500/- against the O.P. No.3 and dismissed against the O.P. No.1 & 2.
The O.P. No.3 is hereby directed to pay to the Complainant of Rs.66,000/- along with interest @9% p.a. from the date of the filing of the case till full realisation. The O.P. No.3 is further directed to pay compensation to the complainant of Rs.20,000/- for mental pain and agony and deficiency of service within 45 days from this date, failing which the O.P. No.3 shall pay cost of Rs.100/- per day till realisation.
Let a plain copy of this Order be supplied to the parties concerned by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action, as per rules.
Dictated and corrected by me.
