Date of Filing:  06.08.2013                                                 Date of Final Order: 27.02.2014

1. Sahalom Ali, S/o. Sahakala Miya,

Vill. Harin Chowra,

P.O. Ghughumari, Dist. Cooch Behar-736170.

2.    Tanuja Bibi Khatun, W/o. Anarul Hossen,

Vill. & P.O.- Jiranpur, Dist.- Cooch Behar-736170.

3. Rejiya Bibi, W/o. Phoni Miya,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

4. Anarul Miah,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

5. Smt. Uma Rani Das, W/o. Bhagaban Das,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

6. Rasida Bibi Khatun, W/o. Rasidul Hossain,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

7. Mahima Bibi, W/o. Kashim Ali,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

8. Mojaffar Ali, S/o. Mafij Miya

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

9. Saharul Miya, S/o. Jaram Miya,

Vill.- Dhaluyabari, P.O.- Panishala,

Dist.- Cooch Behar.

10. Jahangir Ali, S/o. Nurul Miya,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

11. Sri Dipak Sarkar,

Vill.- Bhataguri Kharijadaladanga,

P.O.- Bhataguri, Dist.- Cooch Behar-736134.

12. Amicha Khatun, W/o. Aazahar Ali,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

13. Smt. Jyostna Haldar Barman, W/o. Krishna Haldar,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

14. Khoteja Bibi, W/o. Azahar Ali,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

15. Rafikul Hossain,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

16. Rahila Bibi, W/o. Afzal Miya,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

17. Mamina Bibi, W/o. Sahir Ali,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

18. Rosena Bibi,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

19. Raphirul Ali, S/o. Fazlay Ali,

Vill. & P.O.- Balabhut,

Dist.- Cooch Behar.

20. Smt. Swapna Joyaddar, W/o. Pradip Joyaddar,

Of Cooch Behar Town,

P.O. & Dist.- Cooch Behar-736101.

21. Rasida Bibi,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

22. Latifa Bibi Bulbuli, W/o. Asrup Miya,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

23. Sri Amal Roy, S/o. Abinash Roy,

Vill.- Kalarayerkuthi, P.O.- Pundibari,

Dist.- Cooch Behar-736165.

24. Anjuyara Bibi, W/o. Sarbar Ali,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170.

25. Sri Biswajit Mahanta, S/o. Nanigopal Mahanta

Of Cooch Behar Town,

P.O. & Dist.- Cooch Behar-736101.

26. Rafikul Islam, S/o. Abul Hossain,

Vill.- Harin Chowra,

P.O.- Ghughumari, Dist.- Cooch Behar-736170. ....................... Complainants

                                -Vs-

1. The Branch Manager,

Icore E Service Limited, Cooch Behar Branch,

Hospital Road, 1^st Floor of Rajendra Medical,

P.O. & Dist. Cooch Behar-736101.

2.    Mr. Anukul Maiti, (C.M.D.),

Icore E Service Limited,

       54/2 Rafi Ahmed Kidwai Road, Kolkata-700016. ....…..........……….. Opposite Parties

 3.   Mojahar Hosen, S/o. Abul Hosen,

       Agent of Icore E Service Limited,

       Vill. Harinchowra, P.O. Ghughumari,

       Dist. Cooch Behar-736170.  ..................…………………....... Proforma Opposite Party

      Present:     Sri.   Sukharanjan Das  ...…………………..………... President              

                                                        Sri. Samaresh kumar Mitra ......…….…..………...Member           

                                           Smt. Runa Ganguly  ......................................... Member

FINAL  ORDER

            Complainant Sahalom Ali, S/o. Sahakala Miya with other 25 Nos. Complainants, who have the same interest, have filed the present case u/s 12 of the C.P. Act, 1986 as Consumer, praying for issuing a direction upon the Opposite Parties to pay the Complainants the maturity amounts against invested money for compensation and cost as incorporated in the concluding part of the complaint.

            The fact of the case in gist as can be gathered from the record is that the Complainant No. 1 with other 25 Nos. Complainants invested amount to the office of the Opposite Party Nos. 1 & 2 through their agent Proforma Opposite Party No. 3 Sri Mojahar Hosen against which the Policies/Pass Book/Money Receipts were issued by the Opposite Party Nos. 1 & 2.

           The prime allegation of the Complainants is that after lapse of maturity date the Opposite Parties failed to pay the maturity amounts as described in the scheduled described in the complaint (page-3-4) hence the dispute in between the Complainant and the Opposite Parties has been cropped up. The Complainants several times contacted with the Opposite Parties but no positive result yet came out and finding no other alternative, they have filed the present case seeking redress intending to get their maturity amount with compensation and cost.

          The instant complaint has been filed for Rs. 8,24,964/- along with Xerox copies of Money Receipts, Petition etc. and I.P.Os. of Rs. 400/- deposited and the complaint was registered as DF 89/2013.

         After admission hearing the Notices were issued upon the all the three Opposite Parties. Despite receiving the notices none appeared on behalf of Opposite Party Nos. 1 & 2 as such the case was taken up in ex-parte hearing against the Opposite Party Nos. 1 & 2. The proforma Opposite Party No. 3 entered his appearance after receiving the Notice for self and the Opposite Party No. 1 company on 30-08-2013 also filed W/V and evidence on affidavit for self as Proforma Opposite Party No. 3.            

         The proforma Opposite Party No. 3 by filing his W/V contended that the present case is not maintainable against this Opposite Party but the allegation brought on by the Complainants against the Opposite Party Nos. 1 & 2 all are admitted by the Opposite Party No. 3. This Opposite Party No. 3 stating the above fact in his W/V prayed for struck of his name from the complaint petition.

           The Opposite Party No. 3 also filed evidence on affidavit which is clearly a replica of his W/V and no further points came out for discussion and /or any document filed by him to show that he was an agent of the Opposite Party Nos. 1 & 2 and acted on their behalf and not independently.

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

Points For Consideration

1. Are the Complainants 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 Opposite Parties any deficiency in service as alleged by the Complainants and is the Proforma Opposite Party is liable in any way ?
4. Whether the Complainants are entitled to get relief/reliefs as prayed for ?

DECISION WITH REASON         

             We have perused the entire Xerox documents in the record and heard the argument of the agent of the complainants in full besides the proforma Opposite Party No. 3.

            It appears on scrutiny of record that neither the Complainants and/or their Advocate/Agents are sincere in bringing the truth supported by relied on documents to proof the case.

            Perused the documents marked as Annexure ‘A’, ‘B’ & ‘C’ series and evidence on affidavit. The Xerox copy of documents marked as Exhibit No. 1 to 60.

Point No. 1&2.

            The Complainants procured Receipts, Certificates against investment in Monthly Savings Scheme with the Opposite Party i.e. Opposite Party No. 1. The opposite party No. 1 issued money receipt by receiving the certain amount from the complainants with assurance to return the same with huge interest in the name of the Gold value, Product value etc. thus the relation between the complainant and the opposite parties as established from the record clearly depicts that the Complainants are the Consumers of the opposite parties.

             All the opposite parties in the present case are the resident of this district and/or have their branch office in this district for which there is no dispute in the point of jurisdiction.

Point No. 3.

            Undisputedly the 26 Nos. Complainants deposited huge amount to the Opposite Party No. 1 through their agent Sri Mojahar Hosen in this case Proforma Opposite Party No. 3. The Opposite Party No. 1 issued Pass Book in favour of the Complainants from which it is crystal clear that what amount they had deposited/invested (with assured value) to the Opposite Party No. 1. The Complainants stated in the complaint and also in evidence on affidavit that the Opposite Party No. 1 issued Pass Book (Exhibit 2-30) which is only Money Receipts reflecting the date of Issuance, Maturity Date and also total amount received by the Opposite Party. All the Money Receipts (Pass Book) bearing Seal and/or Signature of the Opposite Party Company marked Exhibits 2 to 30.

            On giving a close look to the materials on record as marked as Exhibit No. 2 to 30 it appears that the Complainant No. 1 i.e. Sahalom Ali booked a product with value of Rs. 600/- with the Opposite Parties I-core E-Services Ltd. and paid the advance product booking installment amount of Rs. 600/- on 06-06-2012. As per Receipt No. 35417076 dated 06-06-2012 he paid Rs.600/- in 12 No. of installments and as such he paid in total 7,200/- by 12 No. installments. The maturity date of the said Policy/Share/Bond/Product was 06-06-2013. The maturity amount of the said Policy/Share/Bond/Product was Rs. 8,028/- only. Besides the other 25 Nos. of Complainants deposited the amount as described in the following table.

       Now, the main contention of the Complainants is that they deposited the previously mentioned amount to the Opposite party but after maturity period they did not get the Sum assured/Product Value/Maturity Amount/Deposited Amount as per the terms & conditions of the said deposits.

         The Complainants 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 Complainants are the common village 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 overcome their poverty they had chosen this easy way to earn more and fall in trap of the Opposite Parties. This picture is the reality in our society in rural as well as in urban areas in the present era.

         It also appears that some documents have been filed by the complainant marked as Annexure-‘B’ Exhibit 31-59 in which it has been noted that the Complainants have already received the Product Value/Sum assured/Deposited amount on full and final adjustable and have no outstanding dues. Those documents/receipts are duly signed by the Complainants but with Seal /without Seal/Sealed but not Signed and signed by the Opposite Party Company with date. From those documents prima-facie it appears that the Complainants have taken the matured amount with interest from the Opposite Party Company against their deposit but surprisingly, those originals documents lying in the hand of the Complainants those must have been in the custody of the Opposite parties. Thus it is reasonably be presumed that the Opposite parties with some ill motive bound the Complainants to sign the documents but not paid them the deposited amount as stated in the said receipts also 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. To save their skin the Opposite parties by adopting unfair trade practice issued receipts with Seal & Signature also with a Signature of customer from which it can be presumed that the customer received the matured amount. In this manner, they cheated their customers like the Complainants of the present case. The Complainants deposited certain amount in 8, 12, 9 & 6 installments as per chart made in the complaint.

    This Complainants 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 Complainants become the prey of the Opposite Parties.

            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 unchallenged 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 Complainants come to be convinced and invested total amount of Rs. 1,58,200/- 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 Pass Books/Money Receipts and receipt of payment.

            It is totally established that the Opposite Party No. 1 received the total amount of Rs. 1,58,200/- from the Complainant under the signature and the Seal of I-Core E-Services Ltd. with date.  

          In the case in hand despite receiving the Notice except the Proforma Opposite Party No. 3, none appear before this Forum to contest the case that means the Opposite Parties 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 I-Core E-Services Limited collected huge amount from the Complainants 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 Complainants must be awarded with reliefs in part, as they invited the cause of misery of their own.

          As it is already proved that the Complainants are 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 Complainants is genuine, we decide the case in favour of the Complainants without any hesitation and allowed reasonable relief as per law, equity and gravity of the case.

           It is transparent from the materials on record that including the complainant there are total 26 claimants signed in the petition of complaint represented by Sahalom Ali for self and 25 others and has filed documents himself for self and others. We find it just and cogent for the shake of brevity and balance of convenience and in convenience to cover all the 26 litigants under a single final order delivering to Sahalom to take further action, if not otherwise the other litigants object to and so that even if the opposite party should be directed to comply with the order by payments to each of the petitioners under proper verification of the documents as to the authenticity so that no stranger/ unauthorized person can use deceitful means and get the benefit in one and the opposite parties thereby suffers on the other hands.

ORDER

           Therefore, it is ordered that the complaint case is allowed ex-parte against the Opposite Party Nos. 1 & 2 but in part with litigation cost of Rs. 10,000/- payable to the complainant Sri Sahalom Ali also dismissed on contest against the Proforma Opposite Party No. 3.

           The Opposite Party Nos. 1 & 2 jointly and/or severally shall pay the Complainants of Rs. 1,58,200/- the total investment amount of the 26 Nos. of Complainants with interest at the rate of 9 percent from the date of deposit as per capital investment reflected in the scheduled page No. 3 & 4 of the complaint/page no. 4 & 5 of this final order.

           The Opposite Party Nos. 1 & 2 are also directed to pay jointly and/or severally Rs. 26,000/- as compensation for their deficiency in service to the 26 Nos. of Complainants  (Rs. 1,000/- to each of the complainants).          

       The Opposite Parties are further directed to pay the deposited amount with interest also compensation amount directly to the concerned parties (26 petitioners/complainants) within 45 days failure of which the Opposite Parties jointly and/or severally shall pay Rs. 100/- for each day’s delay and the amount to be accumulated shall be deposited in the State Consumer Welfare Fund.

          A plain copy of this order be made available and be supplied to the representative complainant by hand / Registered post  free of cost with  A/D and also to the Opposite Party No. 1 and 2 forthwith as per rules.  The opposite party No. 3 is immuned from his liability.

Dictated and corrected by me.                                                                                                                          

                  President,                                                           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.