IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/129/2015
Date of Filing: Date of Admission: Date of Disposal:
21.09.2015 01.10.2015 10.11.2022
Complainant: (1) Mojibur Sk, S/O- Nursed, PO & PS- Jiaganj, Pin- 742123
(2) Tofail Sk, S/O- Lal Mohammad Sk, PO & PS- Jiaganj, Pin- 742123
(3) Bhanjan Mondal, S/O- Gurupada Mondal, PO & PS- Jiaganj, Pin- 742123
(4) Ajmira Bibi, W/O- Kaowar Khan, PO & PS- Jiaganj, Pin- 742123
(5) Nurujamal Sk, S/O- Momin Sk, PO & PS- Jiaganj, Pin- 742123
(6) Ujefa Bibi, W/O- Yeakub Sk, PO & PS- Jiaganj, Pin- 742123
(7) Kaosar Khan, S/O- Late Banhir Sk, PO & PS- Jiaganj, Pin- 742123
(8) Kamela, W/O- Kajim, PO & PS- Jiaganj, Pin- 742123
(9) Rangila Bibi, W/O- Azmel Sk, PO & PS- Jiaganj, Pin- 742123
(10) Majibur Sk, S/O- Late Ummar Ali, PO & PS- Jiaganj, Pin- 742123
(11) Ehela, S/O- Raisuddin, PO & PS- Jiaganj, Pin- 742123
(12) Sumitra Mondal, S/O- Chhabu Mondal, PO & PS- Jiaganj, Pin- 742123
(13) Mekail Sk, S/O- Lal Mohammad Sk, PO & PS- Jiaganj, Pin- 742123
(14) Rabiya Bibi, W/O- Kuddus Sk, PO & PS- Jiaganj, Pin- 742123
(15) Muktar Ali Sk, S/O- Dindar Ali, PO & PS- Jiaganj, Pin- 742123
(16) Seikh Lal Mohammed, S/O- Majid, PO & PS- Jiaganj, Pin- 742123
(17) Kabatul Sk, S/O- Punjab Khan, PO & PS- Jiaganj, Pin- 742123
(18) Lalon Bibi, W/O- Arfan Sk, PO & PS- Jiaganj, Pin- 742123
(19) Anisur Rahaman, S/O- Motibur Rahaman, PO & PS- Jiaganj, Pin- 742123
(20) Mashura Bibi, W/O- Najimuddin Sk, PO & PS- Jiaganj, Pin- 742123
(21) Latifa Bewa, W/O- Heera Sk, PO & PS- Jiaganj, Pin- 742123
(22) Eksed Sk, S/O- Nawsad Ali, PO & PS- Jiaganj, Pin- 742123
(23) Meraj Sk, S/O- Chand Sk, PO & PS- Jiaganj, Pin- 742123
(24) Seikh Rafiqul, S/O- Khalil, PO & PS- Jiaganj, Pin- 742123
(25) Daud Sk, PO & PS- Jiaganj, Pin- 742123
(26) Sampa Bibi, W/O- Laltu Sk, PO & PS- Jiaganj, Pin- 742123
(27) Piluara Bibi, W/O- Kowsar Sk, PO & PS- Jiaganj, Pin- 742123
(28) Kowsar Sk, PO & PS- Jiaganj, Pin- 742123
(29) Dilip Sk, S/O- Safi Mahammad, PO & PS- Jiaganj, Pin- 742123
(30) Reba Bibi, W/O- Punjab Khan, PO & PS- Jiaganj, Pin- 742123
(31) Swadhina Bibi, W/O- Ekbar Sk, PO & PS- Jiaganj, Pin- 742123
(32) Sajnura Bibi, W/O- Mafejul Sk, PO & PS- Jiaganj, Pin- 742123
(33) Suraj Sk, S/O- Selim Sk, PO & PS- Jiaganj, Pin- 742123
(34) Hamena Bewa, W/O- Mantaj Sk, PO & PS- Jiaganj, Pin- 742123
(35) Nurselim Sk, S/O- Azizul Sk, PO & PS- Jiaganj, Pin- 742123
(36) Katbanu, W/O- Jabir, PO & PS- Jiaganj, Pin- 742123
(37) Rajsh Sk S/O- Nursed Sk, PO & PS- Jiaganj, Pin- 742123
(38) Seikh Khan Mahammad, S/O- Safi Mahammad, PO & PS- Jiaganj, Pin- 742123
(39) Asrof Sk, S/O- Mannan Sk, PO & PS- Jiaganj, Pin- 742123
(40) Sabina Yesmin, S/O- Sharif Hossain, PO & PS- Jiaganj, Pin- 742123
(41) Mamata, W/O- Akibul, PO & PS- Jiaganj, Pin- 742123
(42) Khoda Baks Sk, S/O- Biru Sk, PO & PS- Jiaganj, Pin- 742123
(43) Sainul Sk, S/O- Sarjamal Sk, PO & PS- Jiaganj, Pin- 742123
(44) Selina Bibi, W/O- Habibur Rahaman, PO & PS- Jiaganj, Pin- 742123
(45) Aserun Bibi, W/O- Mehebur Sk, PO & PS- Jiaganj, Pin- 742123
(46) Khayerun Bibi, W/O- Mejjad, PO & PS- Jiaganj, Pin- 742123
(47) Ali Hossain Sk, S/O- Mejjad, PO & PS- Jiaganj, Pin- 742123
(48) Begam Bibi, W/O Golam, PO & PS- Jiaganj, Pin- 742123
(49) Khajerun Bibi, W/O Mejjad Sk, PO & PS- Jiaganj, Pin- 742123
(50) Aksiba Bibi, W/O Dildar Ali, PO & PS- Jiaganj, Pin- 742123
(51) Najimuddin Sk. S/O Late Islam, PO & PS- Jiaganj, Pin- 742123
(52) Fotema Bibi, W/O Owahab Sk, PO & PS- Jiaganj, Pin- 742123
(53) Rajina Bibi, W/O Musrap Sk, PO & PS- Jiaganj, Pin- 742123
(54) Uluhar Sk., S/O Kajim Sk, PO & PS- Jiaganj, Pin- 742123
(55) Md. Atikuar Sekh, S/O Amjad Sekh, PO & PS- Jiaganj, Pin- 742123
(56) Chenu Bibi, W/O Mursed Sk, PO & PS- Jiaganj, Pin- 742123
(57) Arsed Sk, S/O Islam Sk, PO & PS- Jiaganj, Pin- 742123
(58) Rakibul Sk, S/O Amiruddin Sk, PO & PS- Jiaganj, Pin- 742123
(59) Santana Bibi, W/O Jainul Sekh, PO & PS- Jiaganj, Pin- 742123
(60) Belesur Bewa, W/O Kashimuddin, PO & PS- Jiaganj, Pin- 742123
(61) Chhabi Mondal,S/O Babulal Mondal, PO & PS- Jiaganj, Pin- 742123
-Vs-
Opposite Party: 1. The Branch Manager, Prayag Branch Office,
Jiaganj, Hatibagan, Branch Code- 126, PO & PS- Jiaganj, Pin- 742123
2. The Branch Manager, Prayag InfoTech Hi Rise Limited.
Regd. Office P-45, Bhupen Roy Road, Kolkata 700034
Agent/Advocate for the Complainant : Bidishya Sarkar,
Agent/Advocate for the Opposite Parties : Pranab Kumar Das
.
Present: Sri Ajay Kumar Das…………………………..........President.
Sri. Subir Sinha Roy………………………………….Member.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
SMT. ALOKA BANDYOPADHYAY, member.
This is a complaint under section 12 of the CP Act, 1986.
One Md. Mojibur Sk and Ors (here in after referred to as the Complainants) filed the case against The Branch Manager Prayag Branch Office & Anr. (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainants deposited their money to O.P. No. 1 on different dates and on different schemes and the O.P. No. 1 issued registration certificate against all the investments. All the certificates issued by the O.P. No. 1 started maturing in from September, 2013 to July, 2015 and the complainants were entitled to a sum of Rs. 7,39,729/- as maturity amount. The complainants went to the Office of the O.P. No. 1 several times and requested to refund the maturity amount but the O.P. No. 1 did not pay any heed to the request of the complainants since long. Finding no other way the complainants went to the Office of the O.P. No. 2 and there they submitted total 39 certificates to the O.P. No. 2 which is amounting a sum of Rs. 2,96,359/- and the O.P. No. 2 assured that he will return the matured amount as soon as possible. After submission of the certificates the complainants visited the office of the O.P. No. 1 and 2 several times for receiving their matured amount but the O.P.s did not inform them till date when they will receive back the amount.
Finding no other alternative the complainants filed the instant case before the District Commission for appropriate relief.
Defence Case
After due service of the notice the O.P.s are contesting this case by filing written version wherein all the material allegations have been denied by them and they asserted that the complainants had invested the money for membership under the O.P.s for some commercial gains and they had not paid any amount for purchasing any goods and /or for availing any service from the O.P.s. so they are not consumer as per Consumer Protection Act, 1986 and the case is liable to be dismissed.
On the basis of the complaint and written version the following points are framed for proper adjudication of the case:
Points for decision
1. Are the Complainants consumer under the provision of the CP Act, 1986?
2. Have the OPs any deficiency in service, as alleged?
3. Are the Complainants entitled to get any relief, as prayed for?
Decision with Reasons:
Point no.1, 2 & 3
All the points are taken up together for the sake of convenience and brevity of discussion.
The complainants for their financial gains deposited different amounts of money to O.P. No. 1 on different dates and on different schemes and O.P. No. 1 and 2 issued registration certificates against all the investments. All the certificates started maturing from September, 2013 to July, 2015 and the total maturing amount is of Rs. 7,39,729/-. The complainants after the date of maturity of the certificates visited the Office of the O.P. No. 1 but had not received any matured amount. Later on the complainants went to the office of the O.P. No. 2 and submitted 39 certificates to the O.P. No. 2 which amounts a sum of Rs. 2,96,539/- but the complainants have not received any amount after submission of the aforesaid certificates.
The O.P.s stated in the Written Version that the complainants paid the amount for Prayag Aristro Club Membership, Prayag Hotels & Tourism Membership Facility Certificate, Redeemable Preference Share Certificate & Product Registration Certificate. The complaint filed by 61 persons claiming themselves as investors. The complaints had paid different amount in different categories from time to time in different schemes raised by the O.P.s The O.Ps. also stated that nowhere it is mentioned that company will return the money but provide the service like membership as these are membership certificates and the nature of the certificates are of time sharing agreements and as such they do not fall within the purview of Consumer Protection Act, 1986. The O.P. also stated that the matter is pending before the Ld. 5th Civil Judge, Junior Division at Alipore South 24 Parganas and therefore cannot be adjudicated by this Forum as it would be multiplicity of the proceeding.
Considering the facts and circumstances of the case and the argument advanced by the Ld. Advocates we are of the view that different complainants invested different amounts on different dates for their financial gain. But they had filed the instant case claiming an amount of Rs. 7,39,729/- which is not possible to separate what amount one had paid and what would be his/her matured amount and the complainants had not filed any original documents to show their investments and from the Xerox copies of the documents it is not possible for the Commission to ascertain the matured amount as nowhere in the said certificates it is mentioned. Such being the position it is not possible for this Commission to identify the investment of each person and their matured values and date of maturity as the complainants had invested different amount of money on different dates as per petition of complaint and the complainants are found absent since long. So, we are of the view that the instant case should be dismissed with a liberty to file afresh.
Reasons for delay
The Case was filed on 21.09.2015 and admitted on 01.10.2015. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case is dismissed.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No. CC/129/2015 be and same is dismissed on contest against the O.P.s but without any order as to costs and with a liberty to file afresh.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member Member President.
