Paramatma Saha,
Son of Late Sarju Ram Saha,
Village Bandar Kalibari,
Post Office & Police Station Raiganj,
District Uttar Dinajpur, West Bengal. Complainant.
versus
1) Golden Forests (India) Limited,
Raiganj Chamber Office,
Raiganj, Uttar Dinajpur.
Represented by Sri Tapash Kumar Khan,
Chief Development Adviser,
Son of Sri J. K. Khan,
Ukilpara, Raiganj, District Uttar Dinajpur.
2) Sri Abhijit Dey,
Manager, Golden Forest (India) Limited,
Raiganj Chamber Office,
Son of Late Basanta Kumar Dey,
Sudarshanpur, Raiganj, Uttar Dinajpur.
3) Sri Bapi Saha,
Sasan Colony, Bandar,
Raiganj, Uttar Dinajpur.
4) Sri Subhankar Chaki,
Son of Sri Ranjan Chaki,
Tulshitala, Raiganj, Uttar Dinajpur.
5) Smt. Soma Dey,
Wife of Abhijit Dey,
Sudarshanpur, Raiganj, Uttar Dinajpur.
6) Smt. Amita Chaki,
Agent, Golden Forests (India) Limited,
Wife of Sri Ranjan Chaki,
Tulshitala, Raiganj, Uttar Dinajpur. Opposite Parties.
Judgment
Date: 07.07.2009.
Paramatma Saha, the complainant deposited certain amount with the O.P. No. 1, Golden Forests (India) Limited against receipt in his name and the name of his wife. The money receipt were signed by Bapi Saha and S. Chaki ostensibly on behalf of Golden Forests (India) Limited. Suddenly it was brought to the notice of the complainant about the closure of the business of Golden Forests (India) Limited with effect from the year of 2000.
The contesting Opposite Parties knowing fully well about the closure of the business of Golden Forests (India) Limited; collected the deposited from the complainant. A new committee was constituted with Mr. R. N. Agarwala, the Retired Chief Justice of Supreme Court of India as Chairman under the direction of the Honorable Supreme Court of India to look into the claims made by the depositors who deposited the money with Golden Forests (India) Limited till 2000. The complainant made correspondence with the Chairman of the Committee, which in reply informed that as his case fell subsequent to the year 2000, the committee was unable to entertain his claim. So, being aggrieved by the Act of the Opposite Parties/ men the complainant has come before this Forum for an award as per his prayer.
Only O.P. No. 4, Subhankar Chaki has contested the present complaint. It is challenged that the complainant is not a consumer and as such there is no question of deficiency in service. The complainant is not personally known to the O.P. No. 4 and he never provoked the petitioner to deposit any money with him, what he has deposited at all was out of his own accord. Lastly it has been concluded by the O.P. No. 4 that there are several cases pending before Apex Court and different High Courts over the selfsame matter i.e. disposal of the claim application of the depositor. So, on all the grounds stated above the O.P. No. 4 submits that the complaint be dismissed.
Decisions with reasons:
From the exhibited documents, we do find that there are three vouchers of Rs.2,500.00; Rs.2,000.00 and Rs.2,000.00 respectively. All the receipts shows that they ware granted in the name of Golden Forests (India) Limited, Raiganj Chamber.
Further, we do find that there are also three acknowledgements of receipt of payments of money have been filed and marked exhibits. Out of three acknowledgement, two are dated 25.11.2001 whereas the third one is dated 01.04.2002. The case of the complainant is that he have no knowledge about the closing of the business of Golden Forests (India) Limited. Only from the advertisement dated 05.10.2006 published in the vernacular newspaper, ‘BARTAMAN’ he came know that a committee constituted under the chairmanship of Mr. R.N. Agarwala are examining the disbursement of the amount of the claimant, who has already deposited the money with the Golden Forests (India) Limited.
This fact, we can get from a letter addressed by the complainant to the Chairman of the committee on 22.02.2007 and answer was also received by the complainant from the committee on 27.02.2007. Both the letters have been filed here. By the letter dated 27.02.2007, the committee gently rejected the prayer of the complainant for his inclusion to the list of the name of claimants. Letter dated 27.02.2007 again makes it clear that claim application was entertained up to 10th August, 2006. But the complainant submitted his claim application before the committee in the year 2007, further we came to know only the claimants having receipt authenticated by Golden Forests (India) Limited can put their claim before the committee. Here, we also get a reference of the observation of Hon’ble Supreme Court of India. It is the clear and specific order of Supreme Court that, deposits made after 2000 will not be entertained by Committee.
On this backdrop the complainant has come to this Forum. The receipts, he has filed, show the deposit of money with Golden Forests (India) Limited. All the three receipts carry the official seal of local office of Golden Forests (India) Limited, Raiganj Chamber. All the amount has been acknowledged by the Chamber Office, Raiganj. Now, Ld. Lawyer for the O.P. submits that all documents, particularly, receipts and acknowledgements filed by the complainant are manufactured.
There is no any hint of such suggestion being turned in to a practical one, when the complainant himself assertively denied the suggestion. Suggestion, when denied can not take place in evidence. The complainant is a mere teacher in a Hindi school situated far away from the Raiganj town. Suggestions of having the documents got prepared sounds ‘HOLO’. Had it been the true, he must not have dared to address Retired Chief Justice of India (Chairman of the Committee) seeking redress in the changed circumstances.
All the exhibited receipts bear the signature of one, S. Chaki, who signed the same with a designation, ‘Marketing Member’. In his statement before this Forum the complainant stated that he does not know, personally the person named S. Chaki. Complainant’s case is that the name S. Chaki is the short form of Subhankar Chaki, the O.P. No. 4, who never came before this Forum or denied the signature appearing in his name in all the three receipts. The local chamber, Raiganj knew it very well that Golden Forests (India) Limited has closed its business in the year 2000. Even then the Local Chamber has collected premium/money from its client in the year 2001 through its agent. It is a unfair trade practice perpetrated by the Local Chamber even after closing of business of Golden Forests (India) Limited. So the person, who collected the money from the complainant, had done so in his individual capacity, because after 2000 there was no master-servant relationship between him and the Golden Forests (India) Limited.
So, the agent/ marketing authority in what ever name he may be described is personally liable for the collection of money from the complainant upon placing a misrepresentation of the actual fact and taking a fraudulent motive in the entire transaction. So, there is no question of know the O.P. No. 4 personally. Who collects the money, is only accountable. The receipts and acknowledgements which were issued to the complainant with the seal and signature of Golden Forests (India) Limited were sufficient to lead the complainant to believe that he was depositing his money with the genuine person and with the genuine organization. But the reverse fact is that having the knowledge of closure of business of Golden Forests (India) Limited in the year 2000, O.P. No. 4 collected the money, which is a breach of a trust between a consumer and the service provider. So, we hold the O.P. No. 4 is liable to pay the amount collected by three receipts totaling at Rs.6,500.00
Fees paid are correct.
So, it is ordered,
That the complaint is allowed on contest against O.P. No. 4. The complainant shall get an order of award of Rs.6,500.00 (rupees six thousand and five hundred) only against the O.P. No. 4, Subhankar Chaki. In addition the complainant shall get an annual interest at the rate of 6.5 percent on the awarded sum from the date of filing of the complaint till the date of realization in full. The complainant shall do get also an order of compensation of Rs.2,000.00 and litigation cost of Rs.1,000.00 against the O.P. No.4, Subhankar Chaki. The compensation amount and the litigation cost totaling Rs.3,000.00 (rupees three thousand) only be paid within one month from the date of this order in default an annual interest at the rate of 6.5 percent will be levied on Rs.3,000.00 till full satisfaction.


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