This case has been filed U/s.12 of the Consumer Protection Act, 1986 filed by the complainants and the op no. 1 is a company incorporated under the Company’s Act, 1956 and all the other ops are the executive bodies of the said company and the ops after formation of the company made publication through different modes such as publishing in the hoarding, supplying hand-bills to all the Railway Stations and also by distributing brochure to different persons including the complainants and posed themselves as a famous and reliable persons of the company having their fixed assets in the field of different projects and also published the photographs of mineral water plant, furniture industry including rod iron plant, plant for edible oil, business of hotels and resorts, business of echo-tourism as well as real estate business and being allured with the said publications of the ops, the complainants met with the ops and at that time the ops disclosed their identity and thereafter they insisted the complainants to invest and or deposit money on monthly installments to their company towards purchasing some of the products according to the choice of the purchasers or to pay advance money towards Flat booking on monthly installments and the ops also assured the complainants that after specified period they would deliver the said product to the complainants or in default they would refund the double of the amount.

            The complainants also state that the ops insisted them to deposit some money in their concern i.e. the op no. 1 and narrated that they would get best profitable return of their money from the above concern in comparison to deposit the same to any other financial institutions such Bank, LIC or Postal Department and the complainants being convinced with the lucrative approach of the ops, deposited huge money in the above concern towards advance Product booking plan and Advance flat booking plan as per specified terms amounting to Rs. 4,51,300/-, the details whereof has been briefly described  and mentioned in the schedule below and the complainants deposited the said sum of Rs. 4,51,300/- towards advance Product booking plan and the ops in turn issued pass book for the said deposits under the caption as “Pass Book for advance Product booking plan” and again the ops have further became successful in convincing the complainants to the effect that if they would became an agent of the op  no. 1, then the commission payable in obtaining either the Flat Booking Plan or the advance Product Booking Plan, may be enjoyed by themselves instead of giving it to the others.

            The complainants also state that then the ops whimsically appointed the complainants as their agents without the consent of the complainant though the complainants never acted as agent as yet to procure any investment on behalf of the above company from any outsider and now the complainants require the matures Plan as well as premature Plans of their entire deposits so far made at the above company with interest and/or divided whatever called to meet their exigent need in connection with their personal requirements and then the complainants approached to all the ops by meeting with them at the aforesaid office and disclosed their said requirements and also disclosed their reason for their urgent need of money and accordingly requested the ops to supply necessary form if any, for the purpose of withdrawal of deposited money, but surprisingly enough at this juncture the ops asked the complainants to wait for an uncertain period on the plea of some internal problems existing thereon even the op nos. 2 to 7 failed to assure the complainants about any expected period within which the ops would be able to meet the necessity of the required money of the complainants.

            The complainants also state that they including other depositors thereafter assembled in the company premises for several times and ultimately by making an undertaking, op no. 2 issued four/five blank cheques, duly signed amounting to Rs. 1,05,00,000/- and Rs. 5,00,000/- towards premature amount and the mother-in-law of the op no. 2 also in presence of other ops made a declaration declaring that in case of failure on the part of the op no. 2 in refunding money to the complainants and other investors then she would arrange the same and the ops although made undertaking but after making undertaking, all the ops including the mother-in-law of the  op no. 2 started avoiding the complainants including the other investors and while they failed in their attempts, the complainants including other depositors made a complaint before the I.C. Serampore P.S. dt. 23.2.2014, but find no positive result.

            The complainants also state that although the ops received huge money from the complainants and other depositors on the plea of giving different products after a certain period and also issued several pass books in response to the receipt of payment and now trying to grab the entire money which would reveal that the conduct of the ops are nothing but illegal trade practice on their part and practically the complainants have invested almost all of their savings and for that they have been suffering from mental agony, anxiety and harassment.

            The complainants also state that the cause of action arose on January 2013 when the ops started dilemma in delivering products to their customer and on 23.2.2014 when they compelled to lodge a complaint before the Serampore P.S. and lastly on 23.7.2014 when Serampore P.S. Case No. 385 of 2014 has been started against the ops and the same is continuing day by day.

Having no other way the complainants filed the complaint petition before the ld. Forum praying direction upon the opposite party to refund the entire money of Rs. 4,51,300/- and a sum of Rs. 2,00,000/- on account of mental anxiety, agony, harassment suffered by the complainants due to deficiency of service as well as unfair trade practice of the ops and to pay a sum of Rs. 50,000/- towards compensation and to pay a sum of Rs. 10,000/- towards litigation cost and such relief or reliefs to which the complainants are entitled to under law and equity and all costs of the complainants.

Issues/points for consideration

1. Whether the complainant is the consumer of the opposite party or not?
2. Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3. Whether there is any deficiency of service on the part of the opposite party?
4. Whether the complainant is entitled to get relief or not?

DECISIONS WITH REASONS

            All the points are taken together for easiness of the discussions of this case.

1. In the light of the discussion hereinabove and from the materials on record, it transpires that the complainants is a Consumer as provided by the spirit of Section 2 (1) (d) (ii) of the Consumer Protection Act, 1986, the complainants here in is a consumer of the opposite party.
2. Both the complainants and the opposite party are residence/having their office addresses within the district of Hooghly. For mental agony and other expenses which is within Rs. 20,000,00/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
3. The complainants state that the complainants are the bona fide consumer of the opposite parties. The complainants state that the opposite parties are the executor bodies of Ultimate Group of Industries having registered office at 1/3, N.I. Goswami Street, P.O. + P.S. Serampore, Dist. Hooghly and after formation of the company in different modes publication in the hoarding supply hand bills and also by distributing brochure to different persons including the complainants and posed themselves as a famous and reliable persons of the company and having their fixed assets in the field of different projects. Being allured with the said publications of the opposite parties complainants met with the opposite parties and therefore the opposite parties disclosed their identity and insisted the complainants to invest and/or deposit money on monthly installments to their company towards purchasing some of the products according to the choice of the purchasers. The opposite parties also assured the complainants after specified period. The opposite parties shall deliver the said products to the complainants and in default the opposite parties would refund the double of the amount. Being convinced with lucrative approach of the opposite parties the complainants deposited huge money in the above concern towards advance product booking plan and advance flat booking plan as per specified term the complainants deposited the sum of Rs. 4,51,300/- towards advance product booking plan and the opposite parties in turn issued passbook for the said deposit under the lien as “Plan for advance booking plan” to each complainants. The complainants state that thereafter the opposite parties whimsically appointed the complainants as their agent stating that if the complainants would become agent of the opposite party no. 1 then the commission payable in obtaining either the flat booking plan or the advance product booking plan may be enjoyed amongst the complainants instead of giving it to others. Of late the complainants require mature plan or as well as premature plan of their entire deposit to meet their exigent need of the complainants. The complainants gathered and approached to all the opposite parties at the aforesaid office premises and disclosed their requirements but the opposite parties asked the complainants for an indefinite period on the plea that some internal problem existing and even the opposite party nos. 2-7 failed to assure the complainants about any expected period within which the opposite parties will be able to meet the necessity of the required money of the complainants. In this circumstances having no other alternative complainants have come before the Forum for illegal trade practice on the part of the opposite parties who are trying to grab the entire money which reveals the conduct of the opposite parties.

Due to such conduct of the opposite parties the complainants have been subjected to harassment, both mental and physical as the complainants invested all of their savings and pray before the Ld. Forum directing the opposite parties to refund the entire amount of Rs. 4,51,300/- and a sum of Rs. 2,00,000/- on account of mental anxiety, agony, harassment suffered by the complainants due to deficiency of service as well as unfair trade practice of the opposite parties and also an order directing the opposite parties to pay a sum of Rs. 10,000/- towards litigation cost to the complainants and any other relief or relieves.

The complainants state that the complainants compelled to lodge a complaint before the Serampore P.S. when the opposite parties’ dilemma in delivering products to the customers of the complaints and the same is continue day by day.

It reveals from the case record that inspite of service notice upon the opposite party nos. 1-6 failed to appear before this Forum and the proceedings run ex parte against the opposite party nos. 1-6.

Opposite party no. 7 though appeared before this Forum and he was given opportunity to file W/V but opposite party no. 7 has failed to comply the order of Ld. Forum. So, proceeding runs ex parte against the opposite party no. 7. Opposite party no. 8 appeared before this Forum and filed W/V thereafter the opposite party no. 8 filed one petition challenging maintainability of the case and the date was fixed for hearing on the point of maintainability. Maintainability petition heard. After perusing the case record this Forum is in the opinion that the opposite party no. 8 is not liable for any act of the company after his resignation. As much petition filed by opposite party no. 8 on 11.5.2016 is allowed on contest and the B.C. is directed expunge the name of the opposite party no. 8 from the cause title of the complaint petition and thereafter date was fixed for being evidence on affidavit by the complainants.

It also appears from the case record that the complainant is taking time for filing evidence on affidavit for a prolonged period. So, this Forum is in the opinion to fix date for hearing argument.

On the date of hearing the complainants appeared but failed to file BNA on their behalf.

In the result this Forum has no other option but to fix date for final order.

In view of the fact this Forum is constrained to pass ex parte final order on the basis of complaint filed by the complainants. It is clear from the case record that opposite parties avoid to return back the deposited amount of the complainants. The opposite parties received huge amount from the complainants and other depositors on the plea giving different products after a certain period and also issue  several passbooks to the receipt of paying and now the opposite parties are trying to grub the entire money which would reveal that the conduct of the opposite parties are nothing but illegal trade practice on their part.

In this connection to prove the case of the complainant some documents have been filed by the complainants.

1. Xerox copy of product booking passbooks in the name of Pankaj Dutta.
2. Xerox copy of product booking passbooks in the name of Namita Dutta.
3. Xerox copy of product booking passbooks in the name of Chandrima Mallick.
4. Xerox copy of product booking passbooks in the name of Mitali Das.
5. Xerox copy of product booking passbooks in the name of Sangeeta Biswas.
6. Xerox copy of product booking passbooks in the name of Khirod Kr. Das.
7. Xerox copy of product booking passbooks in the name of Mahua Banerjee.
8. Xerox copy of product booking passbooks in the name of Shreyashi Saha.
9. Xerox copy of product booking passbooks in the name of Khagendra Nath Sardar.
10. Xerox copy of product booking passbooks in the name of Pratap Saha.
11. Xerox copy of product booking passbooks in the name of Kamala Chakraborty.
12. Xerox copy of product booking passbooks in the name of Anjali Das.
13. Xerox copy of product booking passbooks in the name of Jayanta Chakroborty.

All these product booking passbooks have been issued by the opposite parties Ultimate Oil and Distillery Limited.

So, it is a fit case to hold that the complainants have proved the allegation of deficiency of service against opposite parties.

Hence,

it is

ordered

that the complainants case be and the same allowed ex parte against the opposite parties.

The complainants are entitled to get money of Rs. 4,51,300/- only with 10% interest by the opposite parties and Rs. 50,000/-  on account of mental agony, anxiety, harassment suffered by the complainant due to deficiency of service as well as unfair trade practice and further a sum of Rs. 1000/- only for litigation cost jointly and severally within 45 days from the date of this order i.d. Rs. 50/- per day shall be deposited by the opposite parties and that should be deposited in the Consumer Legal Aid Account.

Let the copy of this order be supplied to the complainant free of cost.