Date of filing : 17.5.2017

Judgment : Dt.8.3.2018

Mrs. Balaka Chatterjee, Member

            This petition of complaint is filed under section 12 of   C.P.Act, 1986 by Sri Madhumoy Bhowmick alleging deficiency in service on the part of the opposite parties namely Teachers’ Welfare Agro Ltd. (referred as OP hereinafter)

            Case of the Complainant in brief is that the Complainant invested some amount with the opposite party on 30.1.2013, 2.02.2013, 30.01.2013, 5.01.2013, 17.12.2008, 16.1.2014 in different schemes and obtained certificate No.F/26485/13/66, F/26761/14/66, F/26484/13/66, F/26486/13/66, R/007053/08/36 & MIS 6630. The Complainant has stated that on several occasions he contacted the OP to get refund of his invested amount but the OPs did not take any initiative. The Complainant sent notices on 20.2.2017, 9.3.2017 but that yielded no fruitful result. However, during this course of action the Complainant found that the office of the OP was under lock and the Director of the said company was under custody. Finding no other alternative the Complainant filed this case praying for direction upon OP to refund full value of the invested amount along with assured interest, to pay Rs.1,00,000/- towards compensation and Rs.50,000/- towards litigation cost.

            The Complainant adduced evidence along with photocopy of certificate of Account No.F26485/13/66, F/26761/14/66, F/26484/13/66, F/26486/13/60, R/007053/08/36 account No.6630, letter dt.20.2.2017 letter dt.9.3.2017.

Decision with reasons

            That the Complainant claimed to have invested an amount of Rs.13,00,000/- with the OP company and the OP issued certificates photocopies of which is annexed with the petition of complaint. Further, it appears from the letters dt.20.2.2017 and 9.3.2017 that the complainant sent notice to disburse the matured amount and premature F.D. and monthly recurring money which were deposited during the period of 17.12.2008 to 16.1.2014.

            However, the investment certificates show that the Complainant and one Aparna Bhowmick are joint investors of the amount of Rs.13,00,000/- and the said Aparna Bhowmick has not been made a party. So, this complaint suffers from non-joinder of necessary party.

            In the result, the Consumer Complaint does not succeeds.

            Hence,

ordered

            That CC/276/2017 is dismissed for non-joinder of necessary party.