Judgment : Dt.29.8.2017                                           

Mrs. Balaka Chatterjee, Member.

            This petition of complaint is filed under section 12 of  C.P.Act by Sri Jayjit Ghosh, alleging deficiency in service on the part of the opposite parties – (1) The Teachers’ Welfare Credit and Holding Ltd., (2) The Managing Director of The Teachers’ Welfare Credit & Holding Ltd., (3) The Branch Manager, The Teachers’ Welfare Credit & Holding Ltd.

            Case of the Complainant, in brief, is that being approached as well as convinced by the opposite party Nos.2 & 3, the Managing Director and the Branch Manager of the opposite party No.1 limited company, the complainant invested his money with the opposite party No.1 in favour of him, his mother and his wife by way of fixed deposit of Rs.3,00,000/- and monthly income scheme for Rs.11,00,000/- i.e. Rs.14,00,000/- in total on different dates from 29.10.2009 to 15.07.2016. It is alleged by the Complainant that since February, 2016, the opposite party No.1 has not been disbursing any MIS benefit in favour of the Complainant. The Complainant has stated that he made attempts on several occasions to meet the opposite party Nos.2 & 3, but was prevented from doing so and subsequently found the office of the opposite party under lock and key and, therefore, finding no other alternative he tried to lodge a complaint with P.S.-Jadavpur but was refused by the concerned officer.

            The Complainant as to relief by filing the instant petition of complaint has prayed for direction upon the opposite parties to pay Rs.14,00,000/- only as to refund which was invested with OP No.1, to pay a sum of Rs.80,000/- towards physical strain, mental agony and harassment, to pay Rs.10,000/- towards cost of litigation.

            Notices were served but the opposite parties did not turn up. So, the case was heard ex-parte against opposite parties vide order No.6 dt.3.7.2017.

            The Complainant adduced evidence on affidavit.

Decision with reasons

            On perusal of the documents on record, it appears that the Complainant annexed Photostat copies of Money Receipt issued by the opposite party No.2 on 14.3.2012, in favour of Jayjit Ghosh and Sabita Ghosh for Rs.1,50,000/- on 11.5.2013 in favour of Subhra Ghosh and Jayjit Ghosh for Rs.50,000/- on 29.10.2009 in favour of Subhra Ghosh and Jayjit Ghosh for Rs.50,000/- on 12.11.2014 in favour of Jayjit Ghosh and Sabita Ghosh for Rs.50,000/- and on 15.7.2016 in favour of Jayjit Ghosh for Rs.11,00,000/-.

            The Complainant has stated in his petition of complaint that he has invested his money alongwith his mother and wife. But, he has not made them party to the instant case. Sabita Ghosh and Subhra Ghosh along with the Complainant Jayjit Ghosh are joint holders of the Account in respect of which the investment were made and, therefore, the Complainant alone cannot claim the deposited amount and the same should not be disbursed in favour of him.

            However, it is found that an amount of Rs.11,00,000/- was invested solely by the Complainant but we are inclined to pass no order as to the said amount since passing order in piece meal manner is not permissible under the law.

            Under such state of affairs, we are of opinion that the instant case is not entertainable due to non joinder of necessary parties i.e. the joint holders of the accounts in respect of which the claimed amount has been deposited.

            In the result, the petition does not succeed.

            Hence,

ordered

            That the Consumer complaint being No.CC/220/2017 is dismissed ex-parte without cost due to non joinder of necessary party.