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Thread: Golden Forests

  1. #1
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    Default Golden Forests

    Between:-

    Agalduty Babitha, D/o.Gopi Lal,

    Age:19 years, Occ:Student,

    R/o.H.No.28-15, Near Shivakeshavalayam,

    Angadi Bazar, Mandamarry Mandal & Town,

    Of Adilabad District. …Complainant.

    //AND//



    The Golden Forests (INDIA) Ltd.,

    Agro Forestry Concern A public limited Company,

    Regd and Head Office S.C.O 832-33-34,

    Golden Complex, Money Majra,

    Chandigarh U.T., Pin code No.160101.


    …Opp.Party.



    TUESDAY THE 5th DAY OF MAY 2009.

    -:ORDER:-



    1. The Complainant is resident of Angadi Bazar, Mandamarry Mandal & Town of Adilabad District. The Opp.Party was Golden Forest Company and running its business through out India. The Opp.Party having different agents in various branches all over India. The Opp.Party established one of its branch at Mancherial town & Mandal of Adilabad District and started running its business by appointing one Manager and agents for entire transaction from the people of Mandamarry, Mancherial.

    During the year 1996-1997 the Opp.Party and its agent and manager collected amounts for doing business the main business of the company is to collect the amounts from the people and to invest in the company for the development of the forest, what ever the amount deposited by the depositor that will become the double with in three and half years from the date on which a bond issued in favour of the depositor.

    Complainant’s father invested an amount of Rs.3,000/- for the sake of his marriage for a period of 12 years and the concerned manager and agent received an amount of Rs.3,000/- from his father on dated 24.02.1996 and issued a receipt in favour of his name for the said amount vide Receipt No.LS/96/43759 for which the Opp.Party agent and its manager was issued a postdated cheque of “Union Bank of India”, bearing No.0233780 to complainant for the amount of Rs.30,000/- vide acknowledgement No.179605 dt:26.12.1995.

    The Opp.Party issued a certificate of bond along with maturity date, dated 24.02.1996 vide Receipt No.LS/96/43759 and maturity is Rs.30,000/- vide Account No.01/9/LSC 304666. Complainant surrendered the bond to the Opp.Party for claiming amount of Rs.30,000/- towards maturated amount. When I approached the Union Bank of India for withdrawal of amount from the bank, but surprisingly the account shows nil balance and the cheque was Dishonored. The acts of Opp.Party clearly show the negligence and deficiency of service.


    Hence the complainant prayed this Forum may kindly be pleased to allow the complaint as follows:


    v Direction may be given to pay the amount of Rs.30,000/- towards maturated amount.

    v Direction may be given to pay the maturated amount along with interest from the date of maturity Rs.6,600/-.

    v To direct to award Rs.30,000/- towards mental agony and damages.

    v To award Rs.2,000/- towards Traveling Expenditure.

    v To award Rs.5,000/- towards Legal Expenditure.

    v Costs of the Proceedings will be allowed.



    2. Both parties filed Proof Affidavits.


    3. On behalf of complainant Ex.A1 & A2 are marked. No documents are filed on behalf of Opp.Party.



    4. Now the point for consideration is whether there are grounds to allow the petition?


    5. Heard. Perused Ex.A1& A2. In this case notice was sent to the Opp.Party. Notice returned as party left un claimed. Service was held sufficient and Opp.Party was Set.Ex-Parte. The fact that amount was collected by the Opp.Party and issued receipt like Ex.A1 is beyond dispute. The further fact that the advanced cheque issued on behalf of Union Bank of India was bounced, is also not denied.



    6. From the above it is clear that Opp.Party collect the amount and could not pay the amount as promised that amounts to deficiency of service. As there was no rebuttal of allegations of the complainant, it is admitted that the allegations were established and complainant is entitled for relief’s claimed for. We therefore feel it is a fit case to allow the complaint.



    7. In the result the complaint is allowed. The Opp.Party is directed to pay a sum of Rs.30,000/- and pay a sum of Rs.10,000/- towards damages to the complainant towards full quits of the claim within a period of one month from the date of receipt of this order, failing which the above amount will carry interest @ 12% p.a. from the date of filing of complaint and the complainant shall be at liberty to proceed against them U/S.25/27 of Consumer Protection Act 1986.

  2. #2
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    Default Golden Forests

    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.

  3. #3
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    Default Golden Forest

    Manoranjan Saha,

    Son of Sri Manindra Nath Saha,

    Milanpara (near Children Park),

    Raiganj, Uttar Dinajpur. Complainant.



    versus



    1) Sri Tapas Kumar Khan,

    Son of Sri Jitendra Kuman Khan,

    Chief Development Officer,

    Golden Forest India Limited,

    Raignj Branch/ Chamber Office,

    B. L. Market, Raiganj, Uttar Dinajpur.



    2) Sri Jitendra Kumar Khan,

    Son of Late Sharat Kumar Khan,



    3) Smt. Manjushri Khan,

    Wife of Sri Jitendra Khan,



    4) Smt. Lipika Khan,

    Wife of Sri Tapas Kumar Khan,



    No. 1 to 4 all residents of School Road,

    Old Ukilpara, Raiganj, Uttar Dinajpur.



    5) Sri Sanjit Roy Barman,

    S. E. Marketing Member of

    Golden Forest India Limited,

    Raiganj Branch/ Chamber Office,

    Milanpara, Raiganj, Uttar Dinajpur. Opposite Parties.



    This complaint has been filed Under Section 12 of Consumer Protection Act, 1986 by one Sri Manaranjan Saha claiming matured value of Rs.6000/- (rupees six thousand) only against his investment, Compensation of Rs.3000/- and Litigation Cost of Rs.1000/- against the Opposite Party/ Men.



    The case of the Complainant is that he deposited a sum of Rs.3000/- on 31st May, 2001 with the Company known as named and styled as Golden Forest India Limited (GFIL for short), of which the O.P./ Men are the organizers of Raiganj Branch/ Chamber Office of GFIL. O.P. No. 5 acknowledged the deposit by issuing receipt, which also bears the signature of the receiving employee. But having known from the advertisement dated 05.10.2006 published in a vernacular newspaper, the Complainant came to know that a Judgment has been passed by the Supreme Court of India, then the Complainant/ Petitioner, submitted a petition on 23.07.2007 to the Chairman, of the Committee constituted for disbursement of the investors, who made investment with the Company/ GFIL. In reply to Honorable Chairman’s letter, the Complainant has filed the present complaint.



    The present complaint has been contested by all the O.Ps. by filing separate Written Version. All the O.Ps. denies the allegation that they have any concerned with the receipt of money from the Investor/ Complainant. The case of the O.Ps., is that the claim of the Complainant is barred by time as per the provision of Consumer Protection Act. He never has filed the present complaint within the two years from the date of raise of Cause of Action. The deposit of the Complainant enters maturity on 31st May, 2005, but the present complaint has been filed in the month of October, 2007 without giving any explanation for delay. But it is admitted by O.P. No. 5 that GFIL received deposit from different investors and some disturbance has caused in smooth running of the business. A writ petition has been filed before the Honorable Supreme Court of India. It was decided by the Honorable Court by its order dated 12.09.2003, it has directed that no other court except the Apex Court shall entertain any winding up proceeding relating to the responding Company and any claim filed before any Forum or Tribunal shall stands stayed. It is finally concluded by O.P. No. 5 that he is not personally liable to materialize the scheme of the Company.



    Decisions with reasons:



    Complainant in support of his case has submitted his evidence in 1) affidavit, 2) one receipt showing deposit of Rs.3000/- with GFIL, 3) an acknowledgment of the receipt of the same deposit issued by Raiganj Chamber Office, GFIL, 4) one letter dated 23.07.2007 address to Mr. R. N. Agarwal, Chairman of Committee, GFIL, 5) letter dated 20.07.2007 addressed to the Complainant by Mr. R. N. Agarwal, Retired Chief Justice, Chairman of the Committee, GFIL.



    We have gone through the statement of the Complainant incorporated in his affidavit as well as the statement he made in his cross examination. We have also gone through the documents filed by the Complainant. It is the case of the Complainant that he has deposited a sum of Rs.3000/- in the year 2001 with the GFIL. It is his case that he invested the money under the plan and period 24/04, his deposit is a lump-sum deposit and he will get the amount double, Rs.6000/-, three and half years thereafter. Admittedly, the deposit was made on 27.07.2001 and his deposit got maturity 26.01.2005 and he has filed the present complaint on 16.10.2007 though the Cause of Action arose to file this complaint much earlier to 16.10.2007. It is very clear that the present complaint has been filed after the expiry of two years from the statutory period of limitation.



    Now, we do find from the deluge of Judgment passed by the Honorable Supreme Court of India and filed by both sides that the matter involved here has been taken up by the Honorable Court. In a latest decision passed in Writ Petition No. 180/2004 decided on 05.09.2006, it has been held by the Supreme Court of India that no other Court or Forum or Tribunal shall entertain any claim or application for return of moneys or interest as the Honorable Court will deal with the same after realization of all assets, if any, claim already filed shall remains stayed.


    Another important point, which has been observed by the Honorable Court in the same Judgment, is worth mentioning here. Here we do find that Honorable Court has fixed cutoff date for receiving the claims. The cutoff date is fixed 10.08.2006 and all claims filed before the Committee by the cutoff date be taking into consideration for disbursement of the assets of the GFIL after verification of the claims. It has also been observed by Honorable Court that the Committee should accept the claims of only those claimants, who have original authenticated receipts issued by the GFIL. In this case, we do find that the Complainant has put forward his claim before the Committee on 23.07.2007, many months after the cutoff date was fixed. Further the Complainant’s receipt of deposit has not been authenticated by the GFIL.


    So, we do find from the above, the Complainant’s case is hit by two grounds, first, that he has no authenticated receipt of deposit granted by the GFIL and the second, that his claim before the Committee was submitted much after the cutoff date was fixed. Even so, his claim before the Committee would not have been entertained, had he filed the claim before the cutoff date, because he has no authenticated receipt in his possession. So, this Forum is unable to give him any relief in the form he has applied for. He has implicated the O.Ps. in their personal capacity he holds them liable to return his money. But this Forum has no any jurisdiction to entertain any claim, which is in disguise a money suit. So, this complaint is bound to fail.



    Fees paid are correct.



    Hence, it is ordered,



    That the present complaint is dismissed on contest against the O.P./ men (O.P. No. 1 to 5) without cost.



    Furnish the true photocopies of this Final Order to the parties free of cost.

  4. #4
    adv.sumit is offline Senior Member
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    Default Golden Forest

    Hemanta Kumar Ghosh,

    Son of Sri Shashanka Sekhar Ghosh,

    Vill. - Schoolpara, P.O. and P.S. – Kaliyaganj,

    District – Uttar Dinajpur. Complainant.



    versus



    1) Sri Abhijit Dey,

    Son of Late Bashanta Kumar Dey,

    Village – Sudarshanpur, P.O. and P.S. – Raiganj,

    District – Uttar Dinajpur.



    2) Bapi Saha,

    Son of Late Dulal Saha,

    Village – Samshan Coloney,

    P.O. and P.S. – Raiganj,

    District – Uttar Dinajpur. Opposite Parties.





    This complaint has been filed Under Section 12 of Consumer Protection Act, 1986 by one Sri Hemanta Kumar Ghosh claiming matured double value of Rs.48,000.00, which is Rs.96,000.00 (rupees ninety six thousand) only along with interest at the rate of 12 (twelve) percent from the date of maturity till realization of the amount, Compensation of Rs.10,000.00 (rupees ten thousand) only for mental agony and harassment and Litigation Cost of Rs.5,000.00 (rupees five thousand) only against the Opposite Party/ Men.



    The case of the Complainant is that he deposited a sum of rupees in total Rs.48,000.00 (rupees forty eight thousand) only different occasions during the year 2001 with the Golden Forest India Limited, Raiganj Chamber Office, District Uttar Dinajpur (GFIL for short). Both the Opposite Parties were the employees of GFIL during the year 2001 and were working as Cashier. They received the amount by granting receipt on behalf of the GFIL. In the mean time the amount got mature and the Complainant established his claim in the Head Office as well as the Office of the Opposite Parties. In the mean time an advertisement was published in the newspaper, from where the Complainant came to learn on 04.11.2007 that the business of the GFIL was closed and the Directors of the said firm were arrested. Then the Complainant sent a Lawyer’s letters to Sri R. N. Agarwal, Chairman of the Committee constituted by a virtue of the order of the Honorable of the Supreme Court to oversee the payment of the depositors. The Complainant received the reply to his letter from the Chairman, who informed him the guideline frame by the Honorable Supreme Court to entertain the claim of the depositors. The Complainant, who deposited the amount with the GFIL, does not come for consideration by the Committee, so this case.





    Both the Opposite Parties contested the present complaint by filing a joint written version. Their case is that the present case is not tryable before the tribunal as the entire matter involving M/s Golden Forest India Limited is still pending for final Judgment before the Honorable Supreme Court. These Opposite Parties were acting as employees under GFIL, but they never made any advertisement or publication inducing the depositor to make deposit with GFIL. The Opposite Parties’ case is further that the complaint is barred by limitation. The Complainant has purchased the certificates or deposited money with GFIL in the year 2001 and his claim maturity commenced in the year 2005 but within the period of provisional two years from the date of maturity, the Complainant never come before this Forum for redress. Finally it is submitted by the Opposite Parties/ Men that the present complaint be dismissed with cost.



    Decisions with reasons:



    Complainant in support of his case has submitted his evidence in i) affidavit, ii) four receipts granted by GFIL showing deposit of Rs.6,000.00; Rs.2,000.00; Rs.20,000.00; again Rs.20,000.00; dated 24.04.2001; 27.03.2001; 22.04.2001; 25.05.2001 respectively (all the receipts were marked Exhibit – 1 collectively), iii) one letter dated 06.10.2007 written by the Complainant to Mr. R. N. Agarwal, Chairman of the Committee, Golden Forest India Limited, (Exhibit – 2), iv) letter dated 05.11.2007 addressed to the same Chairman by Sri Utpal Kumar Bagchi, Ld. Advocate, on behalf of the Complainant (Exhibit – 3), v) letter dated 17.11.2007, written to the above named Advocate by Mr. R. N. Agarwal, the Chairman of the Committee (Exhibit – 4). Complainant has also tendered for cross-examination by the Opposite Parties.



    We have gone through the statement of the Complainant incorporated in his affidavit as well as the statement he made in his cross examination. We have also gone through the documents filed by the Complainant. It is the case of the Complainant that he has deposited a sum of Rs.48,000.00 in the year 2001 with the GFIL. It is his case that he invested the money under the plan and period 24/04, his deposit is a lump-sum deposit and he will get the amount double i.e. Rs.96,000.00 three and half years thereafter. Admittedly, all the deposits were made during the year 2001 and his deposits become mature in the year 2005 and he has filed the present complaint on 21.02.2008 though the Cause of Action arose to file this complaint much earlier to 21.02.2008. It is very clear that the present complaint has been filed after the expiry of two years from the statutory period of limitation and there is no explanation for delay.



    Now, we do find from the deluge of Judgment passed by the Honorable Supreme Court of India and filed by both sides that the matter involved here has been taken up by the Honorable Court. In a latest decision passed in Writ Petition No. 180/2004 decided on 05.09.2006, it has been held by the Supreme Court of India that no other Court or Forum or Tribunal shall entertain any claim or application for return of moneys or interest as the Honorable Court will deal with the same after realization of all assets, if any and claim already filed shall remains stayed.


    Another important point, which has been observed by the Honorable Court in the same Judgment, is worth mentioning here. Here we do find that Honorable Court has fixed cutoff date for receiving the claims. The cutoff date is fixed 10.08.2006 and all claims filed before the Committee by the cutoff date will be taken into consideration for disbursement of the assets of the GFIL after verification of the claims. It has also been observed by Honorable Court that the Committee should accept the claims of only those claimants, who have original authenticated receipts issued by the GFIL. In this case, we do find that the Complainant has put forward his claim before the Committee on 06.10.2007, many months after the cutoff date was fixed. Further the Complainant’s receipts of deposits had not been authenticated by the GFIL.'


    So, we do find from the above, the Complainant’s case is hit by two grounds, first, that he has no authenticated receipt of deposit granted by the GFIL and the second, that his claim before the Committee was submitted much after the cutoff date was fixed. Even so, his claim before the Committee would not have been entertained, had he filed the claim before the cutoff date, because he has no authenticated receipt in his possession. So, this Forum is unable to give him any relief in the form he has applied for. He has implicated the O.Ps. in their personal capacity. He holds them liable to return his money. But this Forum has no any jurisdiction to entertain any claim, which is in disguise a money suit. So, this complaint is bound to fail.



    Fees paid are correct.



    Hence, it is ordered,



    That the present complaint is dismissed on contest against the Opposite Parties/ Men (O.P. No. 1 and 2) without cost.



    Furnish the true photocopies of this Final Order to the parties free of cost.

  5. #5
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    Default Golden Forest

    Manoranjan Saha,

    Son of Sri Manindra Nath Saha,

    Milanpara (near Children Park),

    Raiganj, Uttar Dinajpur. Complainant.



    versus



    1) Sri Tapas Kumar Khan,

    Son of Sri Jitendra Kuman Khan,

    Chief Development Officer,

    Golden Forest India Limited,

    Raignj Branch/ Chamber Office,

    B. L. Market, Raiganj, Uttar Dinajpur.



    2) Sri Jitendra Kumar Khan,

    Son of Late Sharat Kumar Khan,



    3) Smt. Manjushri Khan,

    Wife of Sri Jitendra Khan,



    4) Smt. Lipika Khan,

    Wife of Sri Tapas Kumar Khan,



    No. 1 to 4 all residents of School Road,

    Old Ukilpara, Raiganj, Uttar Dinajpur.



    5) Sri Sanjit Roy Barman,

    S. E. Marketing Member of

    Golden Forest India Limited,

    Raiganj Branch/ Chamber Office,

    Milanpara, Raiganj, Uttar Dinajpur. Opposite Parties.







    Judgment






    This complaint has been filed Under Section 12 of Consumer Protection Act, 1986 by one Sri Manaranjan Saha claiming matured value of Rs.6000/- (rupees six thousand) only against his investment, Compensation of Rs.3000/- and Litigation Cost of Rs.1000/- against the Opposite Party/ Men.



    The case of the Complainant is that he deposited a sum of Rs.3000/- on 31st May, 2001 with the Company known as named and styled as Golden Forest India Limited (GFIL for short), of which the O.P./ Men are the organizers of Raiganj Branch/ Chamber Office of GFIL. O.P. No. 5 acknowledged the deposit by issuing receipt, which also bears the signature of the receiving employee. But having known from the advertisement dated 05.10.2006 published in a vernacular newspaper, the Complainant came to know that a Judgment has been passed by the Supreme Court of India, then the Complainant/ Petitioner, submitted a petition on 23.07.2007 to the Chairman, of the Committee constituted for disbursement of the investors, who made investment with the Company/ GFIL. In reply to Honorable Chairman’s letter, the Complainant has filed the present complaint.



    The present complaint has been contested by all the O.Ps. by filing separate Written Version. All the O.Ps. denies the allegation that they have any concerned with the receipt of money from the Investor/ Complainant. The case of the O.Ps., is that the claim of the Complainant is barred by time as per the provision of Consumer Protection Act. He never has filed the present complaint within the two years from the date of raise of Cause of Action. The deposit of the Complainant enters maturity on 31st May, 2005, but the present complaint has been filed in the month of October, 2007 without giving any explanation for delay.


    But it is admitted by O.P. No. 5 that GFIL received deposit from different investors and some disturbance has caused in smooth running of the business. A writ petition has been filed before the Honorable Supreme Court of India. It was decided by the Honorable Court by its order dated 12.09.2003, it has directed that no other court except the Apex Court shall entertain any winding up proceeding relating to the responding Company and any claim filed before any Forum or Tribunal shall stands stayed. It is finally concluded by O.P. No. 5 that he is not personally liable to materialize the scheme of the Company.



    Decisions with reasons:



    Complainant in support of his case has submitted his evidence in 1) affidavit, 2) one receipt showing deposit of Rs.3000/- with GFIL, 3) an acknowledgment of the receipt of the same deposit issued by Raiganj Chamber Office, GFIL, 4) one letter dated 23.07.2007 address to Mr. R. N. Agarwal, Chairman of Committee, GFIL, 5) letter dated 20.07.2007 addressed to the Complainant by Mr. R. N. Agarwal, Retired Chief Justice, Chairman of the Committee, GFIL.



    We have gone through the statement of the Complainant incorporated in his affidavit as well as the statement he made in his cross examination. We have also gone through the documents filed by the Complainant. It is the case of the Complainant that he has deposited a sum of Rs.3000/- in the year 2001 with the GFIL. It is his case that he invested the money under the plan and period 24/04, his deposit is a lump-sum deposit and he will get the amount double, Rs.6000/-, three and half years thereafter. Admittedly, the deposit was made on 27.07.2001 and his deposit got maturity 26.01.2005 and he has filed the present complaint on 16.10.2007 though the Cause of Action arose to file this complaint much earlier to 16.10.2007. It is very clear that the present complaint has been filed after the expiry of two years from the statutory period of limitation.



    Now, we do find from the deluge of Judgment passed by the Honorable Supreme Court of India and filed by both sides that the matter involved here has been taken up by the Honorable Court.


    In a latest decision passed in Writ Petition No. 180/2004 decided on 05.09.2006, it has been held by the Supreme Court of India that no other Court or Forum or Tribunal shall entertain any claim or application for return of moneys or interest as the Honorable Court will deal with the same after realization of all assets, if any, claim already filed shall remains stayed. Another important point, which has been observed by the Honorable Court in the same Judgment, is worth mentioning here. Here we do find that Honorable Court has fixed cutoff date for receiving the claims. The cutoff date is fixed 10.08.2006 and all claims filed before the Committee by the cutoff date be taking into consideration for disbursement of the assets of the GFIL after verification of the claims.


    It has also been observed by Honorable Court that the Committee should accept the claims of only those claimants, who have original authenticated receipts issued by the GFIL. In this case, we do find that the Complainant has put forward his claim before the Committee on 23.07.2007, many months after the cutoff date was fixed. Further the Complainant’s receipt of deposit has not been authenticated by the GFIL. So, we do find from the above, the Complainant’s case is hit by two grounds, first, that he has no authenticated receipt of deposit granted by the GFIL and the second, that his claim before the Committee was submitted much after the cutoff date was fixed.


    Even so, his claim before the Committee would not have been entertained, had he filed the claim before the cutoff date, because he has no authenticated receipt in his possession. So, this Forum is unable to give him any relief in the form he has applied for. He has implicated the O.Ps. in their personal capacity he holds them liable to return his money. But this Forum has no any jurisdiction to entertain any claim, which is in disguise a money suit. So, this complaint is bound to fail.



    Fees paid are correct.



    Hence, it is ordered,



    That the present complaint is dismissed on contest against the O.P./ men (O.P. No. 1 to 5) without cost.



    Furnish the true photocopies of this Final Order to the parties free of cost.

  6. #6
    Unregistered Guest

    Default

    I AM
    P.SRINIVASA RAO
    S/O-P.SURYAPRAKASH RAO
    i have invested money in golden forest private limited ... we invested on 28/05/1995
    the money which we invested need to be metured on 30/03/2010...
    please if you have any information about the meturity of the money please convey us at rahulmandela2010@gmail.com

  7. #7
    Unregistered Guest

    Default Gfil

    Dear Sir,

    I have invested in Golden Forest.

    kindly guide to whom I should approach ( Address , mail ID , Contact Nos ) for refund , how to file complaint i.e. Documentation , Proceedure etc ?

    Regards

    A Bangad

    Mial - abangad@gmail.com
    Mob - 9993066448

  8. #8
    Faisal Abbas Guest

    Default Money Back

    Dear Sir,

    I Have Invessted 50,000 Rupees In Golden Forest For The Year Of 1998
    Sir What R u Doing........
    Give Me Some Results Plz


    Email : faisalabbas49@yahoo.com
    Sir, Send Latest Information In Account

    Thak You

  9. #9
    N.HariDatta Guest

    Post Refund of Money From Golden Forest India Ltd.

    To
    Whom ever it may concern

    I am N.Hari Datta from Guntur District of Andhra Pradesh who invested for Golden India Forest India Ltd. we invested
    Rs.5000/- dated 12-08-1996 At unit office at Bhimavaram of West Godavari and later we have recieved post dated cheque for 50,000 of maturity date 12-08-2006 for paying many investiments of 500/-
    we recieved cheque from Vijaya bank ,sector -17,Chandigarh.we Request you that these Money will be refunded soon
    thanking u,
    yours sincerely
    N.Hari Datta,
    Dr no:7-19-29,8th lane,
    kakumanivari thota,
    DonkaRoad,
    Guntur-522002

  10. #10
    naresharyan40@yahoo Guest

    Angry golden forest

    I had invested rs. 20000 in golden forest ltd. In .2000. I want to know that when i will get my maturity value. What is the latest news about this.

  11. #11
    veerabrahmam Guest

    Default non - payment maturity of amount in Golden Forests india limited

    Dear Sir,

    I have invested amount of10000/-(Two separate deposits each deposit carries RS.5000/-) in the golden forest (India) limited under receipt no. 94/RU/63152, 94/RU/ 63135 dated 31/03/1995 by the name of Aravapalli . Siva Rama Krishna S/o Aravapalli . Subbarao, of Vemavaram village, Ballikurava Mandal, Prakasam District,Andhrapradesh – 523301.

    My amount maturity date is 31/03/2005 under enrolment no. s 200296 and 203292.
    Ac No.s 01/9/LSC128459, 01/9/LSC128476 D Plan No.16/10

    Sir, I have posted my two applications separately to claim the maturity amount duley filled and enclosing relevant receipts and checks on 11, December, 2004 to the following address via Registered Post.
    TO
    The Chairman
    Committee – GFIL(Appointed by the Supreme Court India)
    Main building,
    Golden Forests(India)Limited,
    VPO – Jharmari, Via Lalru,
    Chandigarh – Ambala National Highway 22,
    Tehsil Derabassi, District Patiala - 140501

    But till the date i have not received my amount.

    So I humbly request you kindly take necessary action to get the maturity as early as possible.
    Thanking You Sir,
    Yours faithfully
    Aravapalli. Siva Rama Krishna,
    Vemavaram(Village & Post),
    Ballikurava(Mandal),
    Prakasam(District)
    Andhrapradesh – 523301.

  12. #12
    VISHNUBHAI J RAVLANI Guest

    Default Non receipt of claim ref no / maturity dues for investment in golden projects limited

    DEAR SIR,
    I HAD SENT MY CLAIM / INVESTMENT DOCUMENTS FOR MY INVESTMENT IN M/S GOLDEN PROJECTS LIMITED -A GROUP OF M/S GOLDEN FORESTS INDIA LIMITED - LUMSUM LAND UNIT PLAN OPTION I / FIVE YEAR DEPOSIT SCHEME AMOUNT Rs. 15000; INVESTMENT APPLICATION NO : A-717878 DT 10/07/1999, STATEMENT NO : 425, CODE NO : 34342 DT. 10/07/1999, RECEIPT CUM ALLOTMENT LETTER SR NO : 0270445; 99/132297 DT. 16/09/1999INVESTMENT ACCOUNT NO : GLA132297, ST NO:SP99-738/999990 DTD. 15/09/1999,
    DT. OF E.M. & CONSIDERATION REFUNDABLE : 12/07/2004 AMOUNT Rs. 45000
    TO
    THE CHAIRMAN SHRI A N AGRAWAL COMMITTEE - GFIL / GPL- APPOINTED BY SUPREME COURT OF INDIA
    GOLDEN FOREST INDIA LTD MAIN BUILDING, CHANDIGRAH - AMBALA NATIONAL HIGHWAY 22, VPO-JHARMARI, VIA LALRU, DERABASSI TEHSIL, DIST : PATIALA - 140501
    ON DT. 23/11/2004 BY REGD AD POST.
    I HAVE YET NEITHER RECEIVED MY CLAIM REF NUMBER NOR MATURITY CLAIM AMOUNT.
    SIR, I REQUEST TO KINDLY DO NEEDFUL FOR MY ABOVE MENTIONED GRIEVANCES. WITH THANKS.
    YOURS SINCERELY,
    VISHNUBHAI JESHANGBHAI RAVLANI
    C-10, RADHESHYAM SOCIETY, HARNI WARASIA ROAD, B/H RTO, VADODARA-390006, GUJARAT
    EMAIL : VJRAVLANI@YAHOO.CO.IN

  13. #13
    Unregistered Guest

    Default Refund of Money From Golden Forest India Ltd.

    [QUOTE=veerabrahmam;123485]Dear Sir,

    I have invested amount of10000/-(Two separate deposits each deposit carries RS.5000/-) in the golden forest (India) limited under receipt no. 94/RU/63152, 94/RU/ 63135 dated 31/03/1995 by the name of Aravapalli . Siva Rama Krishna S/o Aravapalli . Subbarao, of Vemavaram village, Ballikurava Mandal, Prakasam District,Andhrapradesh – 523301.

    My amount maturity date is 31/03/2005 under enrolment no. s 200296 and 203292.
    Ac No.s 01/9/LSC128459, 01/9/LSC128476 D Plan No.16/10

    Sir, I have posted my two applications separately to claim the maturity amount duley filled and enclosing relevant receipts and checks on 11, December, 2004 to the following address via Registered Post.
    TO
    The Chairman
    Committee – GFIL(Appointed by the Supreme Court India)
    Main building,
    Golden Forests(India)Limited,
    VPO – Jharmari, Via Lalru,
    Chandigarh – Ambala National Highway 22,
    Tehsil Derabassi, District Patiala - 140501

    But till the date i have not received my amount.

    So I humbly request you kindly take necessary action to get the maturity as early as possible.
    Thanking You Sir,
    Yours faithfully
    vinod kumar
    bhukhri(Village & Post),
    kharwan,
    ynr(District)
    haryana– 135103.

  14. #14
    raju262 is offline Junior Member
    Join Date
    May 2012
    Posts
    1

    Default Golden forest complaint after 10.08.2006

    I have invested in Golden forest rs 500. I could not complaint earlier as I do not have any information of closure of company. While going through this forum I came to know about the cut off date of 10th August 2006. I want to know can I now file a complaint now?Please help.Thanks and regards,M. R. Rajput9146192323Room No. 7, Block No. E,Retreat Compount,258, J. B. Behram Marg,Mumbai 400008.

  15. #15
    fazruddin Guest

    Default i have invest the rs 1000.date27/12/1997 receipt no.97/203573 .i can claim the money after maturity

    sir i have invest rs.1000.00 date 27/12/1997 and st no.DCB97-5049/999943 DATE 03/12/1997 I CAN CLAIM THE MONEY AFTER THE MATURITY MY ACCOUNT NO.01/9/LSB539639

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