Date of filing : 17.5.2017                                              

Judgment : Dt.28.2.2018

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 an amount ofRs.2,00,000/- in MIS Scheme with the Opposite Party on 23.4.2009 and obtained a certificate bearing No.AR/1092/09/36 and date of maturity of the same was on 23.4.2012. The Complainant has stated that before and after expiry of the date of maturity on several occasions he contacted the OP to get refund of his invested amount but the OP refused to do so and lastly on 9.3.2017 the Complainant sent a notice for refunding the amount which was lying with the OP but that too 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 a direction upon the OP to refund the full value of the invested amount along with assured interest, to pay Rs.50,000/- towards compensation and Rs.25,000/- towards litigation cost.

            The Complainant adduced evidence along with photocopy of certificate of A/C No.AR/1092/09/36, letter dt.9.3.2017 issued by the Complainant to Teachers’ Welfare Agro Ltd.

Decision with reasons

            The Complainant claimed to have deposited a sum of Rs.2,00,000/- in an MIS Scheme with OP company and the OP issued a certificate bearing A/C No.AR/1092/09/36 photocopy of which is annexed with the petition of complaint wherefrom it appears that the Complainant and one Aparna Bhowmick have deposited an amount of Rs.2,00,000/- jointly. Further, it appears from the letter dt.9.3.2017 that the Complainant sent a notice for disbursement of maturity amount of Rs.2,00,000/-. It further appears from the said letter that the Complainant sent that notice in respect of A/C No.AR/1092/09/36 which was deposited on 23.4.2012 and matured on 23.4.2016. On perusal of petition of complaint we found that the Complainant did not make any whisper whether he had further deposited the said amount for another 4 years and whether he has received MIS interest regularly.

            Moreover, the investment certificate shows that the Complainant and one Aparna Bhowmick is joint investor of the amount of Rs.2,00,000/- and 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 succeed.

            Hence,

ordered

            That CC/277/2017 is dismissed for non-joinder of necessary party but without any order as to cost.