Capsuled the case of the complainant / petitioner is that in the exercise of his duty as a Branch Manager of Rose Valley he personally deposited a sum of Rs.3,60,000/- in Rose Valley, Itahar Branch (OP-1) in different dates with 6 (six) installments under 1 (one) year monthly interest scheme of Rose Valley Marketing Ltd. Thus, he has become a consumer of Rose Valley (OP). After the maturity period of the said deposited amount of Rs.3,60,000/- under 1 (one) year monthly interest scheme he claimed the total amount of Rs.3,60,000/- with interest before the Branch Manager, Rose Valley, Balurghat Branch (OP-2) on the basis of an application dt. 29.11.2012, when he deposited all the necessary documents before him. But he did not get the total amount with interest till to date. Ultimately, he visited so many times to the office of the OPs for realization of the said amount with interest, but no effect at all. Lastly, he issued an Advocate’s letter to the OPs claiming the total amount of Rs.3,60,000/- with maturity benefit. But the OPs did not give any reply to him. Hence, he has filed the instance case.

            OP Nos. 1, 2, & 3 have contested the present case by filing a written version inter- alia denying all the material allegations  made by the complainant in his petition of complaint. It is the main contention of the OPs ( so far it can be gathered from their written version) that the complainant had been working as Branch Manager at Rose Valley, Itahar Branch and during his service period he along with other staffs dishonestly misappropriated the company’s fund / money amounting to Rs. 1,04,13,038/- (One Crore Four Lakhs Thirteen Thousand Thirty Eight) only from Itahar Branch. On the basis of a written complaint submitted by the OP-3 police officer on duty of Itahar PS started Itahar PS Case No. 279/2012 dt. 24.7.2012 u/s 420/408/120B I.P.C. against the complainant Bablu Sarkar & others. After completing investigation police submitted charge sheet under the aforesaid sections against the accused persons namely Bablu Sarkar (complainant) and 4 others. It is the further case of the  OPs that the complainant Bablu Sarkar, the then Branch Manager of Itahar Branch, converted the part of the misappropriated company’s money in his own name by purchasing a policy / application being numbered 02H113393284 dt. 2.7.2011 from Rose Valley depositing a sum of Rs.3,60,000/-. To that effect complaint was lodged against the complainant by the Senior Regional Manager (OP-3) before the Officer-in-Charge of Itahar PS. On the basis of the said written complaint Investigating Officer (I.O.) seized Original Holiday Membership Plan Certificate of Itahar Branch in the name of the complainant, application made by the complainant for paying back the credit value and other documents. Subsequently, Investigating Officer (I.O.) submitted supplementary charge sheet u/s 420/408/120B I.P.C. in the said Itahar PS Case No. 279/2012 dt. 24.7.2012 against the complainant. The present case is malafide one. So, OPs prayed for dismissal of instant case.

            No witness has been examined or no document has been exhibited in this case on behalf of any parties.

            From the materials on record we have come to the following finding.

FINDING with reasons

            Before passing this judgement we have carefully perused petition of complaint, written version and the other materials on record. It is admitted position that the complainant Bablu Sarkar used to work at Rose Valley, Itahar Branch as a Branch Manager. It is further  admitted position (so far it can be gathered from the petition of complaint as well as from the written version of the OPs) that the complainant deposited a sum of Rs. 3,60,000/- in Rose Valley in different dates with 6 (six) installments under 1 year monthly interest scheme of Rose Valley Marketing Ltd. and after maturity period of the said deposited amount of Rs.3,60,000/- under 1 year monthly interest scheme he claimed the total amount with interest before the Rose Valley, Balurghat Branch on the basis of an application dt. 29.11.2012, when he deposited all the relevant documents before OP No.2. It is alleged by the complainant in the petition of complaint that although he claimed the total amount with maturity benefit for several times, but no effect at all. Having no other alternative he issued an Advocate’s letter on 6.5.2013 to the OPs claiming a sum of Rs. 3,60,000/- with maturity benefit, but the OPs did not give any reply to him against the said Advocate’s letter.

            It is the main contention of the OPs that the complainant Bablu Sarkar & other staffs dishonestly misappropriated the company’s fund / money amounting to Rs.1,04,13,038/- from Itahar Branch. Thus, they committed criminal breach of trust as being employees entrusted with public money. On the basis of a written complaint submitted by the Senior Regional Manager (OP-3) police officer on duty of Itahar PS started Itahar PS Case No. 279/2012 dt. 24.7.2012 u/s 420/408/120B I.P.C. against the complainant and others. After completing investigation police submitted charge sheet under the aforesaid sections against the accused persons in the said police case. It is the further case of the OPs that the complainant Bablu Sarkar, the then Branch Manager of Itahar Branch, converted the part of the misappropriated company’s money in his own name by purchasing a policy depositing a sum of Rs.3,60,000/-. To that effect FIR was lodged at Itahar PS. During investigation Investigating Officer (I.O.) seized the Original Holiday Membership Plan Certificate of Itahar Branch in the name of the complainant and other documents. Subsequently, Investigating Officer (I.O.) submitted supplementary charge sheet u/s 420/408/120B I.P.C. in the said police case against the complainant.

                       At the time of hearing Ld. Counsel on behalf of OPs submitted before this Forum that OPs did not commit any error in repudiating the claim of the complainant as he along with other staffs misappropriated a sum of Rs. 1,04,13,038/- from the company’s fund / money and for such offence a police case i.e. Itahar PS Case No. 279/12 dt. 24.7.2012 u/s 420/408/120B I.P.C. is pending against the complainant and others. Ld. Counsel further submitted before us that the complainant converted the part of the misappropriated company’s money in his own name by purchasing a policy from Rose Valley depositing a sum of Rs. 3,60,000/-. In this regard, OP-3 lodged a complaint at Itahar PS. On the basis of such complaint Investigating Officer (I.O.) seized Original Holiday Membership Plan Certificate and other documents. Ultimately, Investigating Officer (I.O.) submitted supplementary charge sheet in the aforesaid police case against the complainant.

            It is admitted position that a police case i.e. Itahar PS Case No. 279/2012 dt. 24.7.2012 u/s 420/408/120B I.P.C. was started against the complainant and others on the basis an allegation that they misappropriated a sum of Rs.1,04,13,038/- from company’s fund. After completing investigation police submitted charge sheet in the said police case and the said case is still pending. In our considered view the complainant along with others misappropriated any money from company’s fund or the complainant converted any part of the misappropriated company’s money in his own name by purchasing a certificate or not – the said questions will be decided at the time of disposal of Itahar PS Case No. 279/ 12 dt. 24.7.2012 and if the prosecution is able to prove such case, then certainly the accused persons would be convicted in the said case. So, we reject the contention of Ld. Counsel on behalf of the OPs that the complainant is not entitled to get the deposited amount of Rs. 3,60,000/- with maturity benefit as such police case is pending against him. It was rightly pointed out by the Ld. Counsel on behalf of the complainant that the OPs illegally repudiated the claim of the complainant, and as such, he is entitled to get the relief / reliefs as prayed for.

            Considering the facts and circumstances of the present case we opine that it would meet ends of justice, if a sum of Rs.10,000/- is awarded in favour of the complainant as compensation for mental pain and agony.

             Hence, it is

                                                O R D E R E D

            that the instant petition of complaint be and the same is allowed on contest against the OPs, but in the circumstances without any cost.

             All the opposite parties are jointly and severally directed to pay a sum of Rs.3,60,000/- with maturity benefit against the policy / application No. 02H113393284 dt. 2.7.2011 to the complainant Shri Bablu Sarkar along with interest @ 8% p.a. upon the payable amount from the date of entitlement till the date of realization by issuing an A/c payee cheque in his name within a period of 45 days from the date of this order.

            The OPs are further directed to pay a sum of Rs.10,000/- only as compensation by issuing another A/c payee cheque in the name of the complainant within the aforesaid period, out of which the complainant shall deposit Rs.3,000/- in the  State Consumer Welfare Fund (A/c No. 0093000100310261) payable at P.N.B. Balurghat Branch within 7 days from the date of receipt of the cheque.

            Direction is also given to the OPs to deposit both the cheques to this Forum within the above mentioned period.

            Let plain copies of this order be furnished to the parties forthwith free of cost.