Date of Filing: 25.09.2014                                               Date of Final Order: 25.06.2015

The factual matrix of the case as can be gathered from the record is that the Complainant being convinced and on request by the O.P. No. 3 deposited a total sum of Rs. 2,70,000/- on different dates as described in the following table under “Monthly Products Scheme” of Ramel Industries Ltd. through O.P. No. 3.

The Complainant deposited total Rs. 2,70,000/- with a desire to get a handsome return. The Opposite Party Company assured the Complainant that he would get return with 18% interest after expiry of 12 months from the date of the deposit. The first deposit was made on 29.09.2012 but expiry of said period of one year. The Complainant went to the office of the Opposite Party and requested to make payment but they did not pay any heed. By not getting the said deposited amount, the Complainant suffered a lot and filing no other alternative has filed the present case seeking redress and relief as incorporated in the prayer portion of the complaint.

After hearing of admission, this case was admitted and notices were sent to the Opposite Parties. In spite of proper service the opposite Party No. 1&2 did not appear before this Forum, as such the case proceeded with Ex-Parte against the O.P. No. 1&2. Only O.P. No. 3 appeared and contested the case contending inter-alia that the case is not maintainable against this O.P. in the eye of law. The main contention of this O.P. is that she acted as an Agent of the Opposite Party Company and engaged by the O.P. No. 1&2 like other agents for collecting money from the depositors who was interested to deposit their money in the said Company. After collecting the money the O.P. No. 3 deposited the same to the O.P. No. 1&2 and if there is any liability that casts upon the said O.Ps not this answering Opposite Party. If there any deficiency or the event of Unfair Trade Practice arisen out that due to the act of O.P. No. 1&2, this O.P. has no deficiency in service. Thus, the present case deserves to be dismissed against this Opposite Party.

In the light of the contention of both parties, the following points necessarily came up for consideration.

POINTS  FOR  CONSIDERATION

1. Is the Complainant a Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
2. Has this Forum jurisdiction to entertain the instant complaint?
3. Have the O.Ps any deficiency in service as alleged by the Complainant?
4. Whether the Complainant is entitled to get relief/reliefs as prayed for?

DECISION WITH REASONS

We have gone through the record very carefully, peruse the evidence on affidavit of the Complainant and also heard Ex-Parte argument.

Point No.1.

The Complainant in view to invest his hard earned money deposited certain amount to the Company of Opposite Party No. 1&2 through O.P. No. 3 and the Opposite Party issued money receipt in favour of the Complainant. Thus, the relation between the complainant and the opposite parties so established from the record, we are convinced to hold that the Complainant is the Consumer of the Opposite Parties.

Point No.2.

The O.P. No. 2&3 in the present case are the resident of this district and/or have their branch office in this district also this complaint valued at Rs.4,04,900/-  i.e. within prescribed limit as per C.P. Act for which there is no dispute in the point of territorial as well as pecuniary jurisdiction.

Point No.3.

Undisputedly, the Complainant deposited total amount of Rs. 2,70,00/- to the Opposite Party No. 1 as advance for purchase of plots, housing units etc. through their agent Smt. Samapti Saha, the only contested O.P. in this case. The Opposite Party No.2 issued money receipt in favour of the Complainant from which it is crystal clear that what amount the complainant deposited with assured value to the Opposite Party No.2. The Complainant stated in the complaint and in evidence on affidavit that the Opposite Party No.2 issued Money Receipt and/or receipts reflected the date of Issuance, of the policy, etc. All the Money Receipts bearing Seal and/or Signature of the Opposite Party Company. The opposite Party also issued a pass book bearing No. CBWM01775655 in the name of the Complainant bearing seal, signature and logo of the opposite party.

On giving a close look to the materials on the documents marked as Annexure-‘3’  appears that the Complainant Sri Sandip Saha invested Rs. 45,000/- per month for 6 months (total Rs.2,70,000/-) The Complainant deposited the amount as described in the following table.

Now, the main contention of the Complainant is that they deposited the previously mentioned amount to the Opposite party but after maturity period of one year from the date of first deposit i. e. on 29.09.2012 he did not get the Sum assured/Product Value/Maturity Amount/Deposited Amount as per the terms & conditions of the said deposits.

The Complainant failed to file the documents like all the Money Receipts, Policy Proposal and Policy Terms & Conditions etc. before this Forum. We have reason to believe that the Complainant is the common people to get more benefit in a little time deposited money to the Opposite Party without thinking the fate of their hard-earned money. To earn a lot of money in a short period the complainant had chosen this easy way and fall in track of the Opposite Parties. This is a very common picture in our society in the present era.

At the time of argument the agent of the Complainant vehemently stated that a mass No. of Money Marketing Agency in Cooch Behar District carry on their business in such a way by giving false assurance to make payment a huge amount within a short period when the depositors made contact with the Opposite parties. In this manner, they deprived their valuable customers like the Complainant by adopting the arm of Unfair Trade Practice. The Complainant deposited certain amount in 6 number installments as per chart made in the complaint.

This Complainant invested a huge amount for getting handsome return from the end of the Opposite Parties but did not get any maturity amount as a consequence this Complainant become the prey of the Opposite Parties. The only contesting opposite Party admitted that she received said amount on behalf of the O.P. No.1& 2 and deposited the entire amount to the O.P. No. 2 but in the materials made available in the record we did not find any documents to show that the O.P. No. 3 deposited the entire amount to the Company. If so,it is established that  she enjoyed the commission from the Opposite party Company in connection of the said deposit by the complainant. Annexure 1 clearly shows that the Samapti Saha was an Agent of the opposite party Company bearing code CBW136743 for which she cannot evade her liability.

In this juncture, it is pertinent to mention that in some cases related to money marketing this forum pleased to dismiss the case against the Agent where in there was no documents to prove that the said persons were any way engaged with the Company/Agency. But in the case in hand it is crystal clear from the record and admitted fact that the O.P. No. 3 collected the money from the Complainant certainly development of her own as well as the Company.

From the material on record it appears that the Opposite Party Company is a fake one and is not affiliated to any organization and having no license at all to collect money from numerous Consumers in such a way.

From the statement made by the Complainant on affidavit, it is established that they being attracted by knowing the lucrative return against the deposit of a certain amount the Complainant come to be convinced and invested total amount of Rs.2,70,000/- with the Opposite Parties for the purpose of having a handsome return as assured by the Opposite Parties and such fact of receiving the amount has been proved by the copy of Money Receipts and receipt of payment.

It is totally established that the Opposite Party No.2 received the total amount of Rs.2,70,000 /- from the Complainant through the O.P. No. 3 under the signature and the Seal of Ramel Industries Limited with date.

In the case in hand, despite receiving the Notice except the Opposite Party No.3 none come forward before this Forum to contest the case that means the Opposite Party No. 1&2 have nothing to say against the allegation brought by the Complainants. The materials to its entirety on record goes to substantiate that the opposite parties by launching a cheat fund in the name and style Ramel Industries Limited collected huge amount from the Complainant by suppressing the truth and ultimately deceived the Complainant by adopting unfair trade practice. While the Opposite Parties proved to have deprived the Complainant and failed to award the benefit to them as agreed upon, this Forum is of the clear opinion that the Opposite Parties are guilty of deficiency in service. That being the position the complaint is deserve to be allowed. Consequently, the Complainant must be awarded with reliefs in part, as they invited the cause of misery of their own.

Point No 4.

As it is already proved that the Complainant is the Consumers and the Opposite Parties are guilty of deficiency in service by adopting the arm of unfair trade practice and when the claim of the Complainant is genuine, 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.

Thus, the complaint succeeds.

ORDER

Hence, it is ordered that,

            The DF Case No.65/2014 is allowed on contest against the O.P. No. 3 and in Ex-parte against the O.P. No 1&2 with cost of Rs.5,000/-.

The Opposite Parties are hereby directed to pay the Complainant jointly and/or severally to pay the Complainant Rs.2,70,000/- as deposited amount with compensation of Rs.10,000/- within 45 days. The entire order shall comply by the O.Ps. jointly and/or severally within 45 days i/d the O.Ps. shall have to pay Rs. 50/- for each day’s delay and the amount to be accumulated shall be deposited in the State Consumer Welfare Fund.

Let plain copy of this Final Order be supplied, free of cost, to the concerned  party/Ld. Advocate by hand/be sent under Registered Post with A/D forthwith for information and necessary action, as per Rules.

Dictated and corrected by me.

                  Member                                                                   President

   District Consumer Disputes                                     District Consumer Disputes                       

Redressal Forum, Cooch Behar                               Redressal Forum, Cooch Behar

                Member                                                                      Member      

   District Consumer Disputes                                     District Consumer Disputes                     

Redressal Forum, Cooch Behar                               Redressal Forum, Cooch Behar