District : Kolkata ( Central ).
Before
the Hon’ble District Consumer Disputes Redressal Forum, Unit – II, Kolkata (
Central ), at 8-B, Nellie Sengupta Sarani, 7th Floor, Kolkata – 700
087.
CC / 220 /
2015.
In the
matter of :
Shahajamal
Molla,
___Complainant.
-
Versus
–
Nirapada Maity,
Managing Director, of M/s. United Cosmetics Manufacturing ( India ) Limited,
___Opposite Parties.
Brief notes of Argument
On behalf of the opposite
Parties nos. 1, & 2.
FACT :
i)
The
Complainant herein is an agent of the Opposite Parties, on his approach, and on
proper verification, while the opposite Parties found that the Complainant is
an agent of the other companies and dealing in the financial market of the
state of West Bengal, the Opposite Parties authorized him as an agent of the
Opposite Parties, and therefore the Opposite Parties are Principal and the
Complainant is an agent of the said Principal.
ii)
The
agency of Principal and agent exists between the Opposite Parties and the
Complainant, as per provisions of the Indian Contract Act’ 1872.
iii)
The
Chapter X, containing Section 182 to 238, of the Indian Contract Act’ 1872,
regulated the status and relationship of the Complainant and the Opposite
Parties herein.
iv)
The
Complainant is not a Consumer as per provision of Section 2 (d) of the Consumer
Protection Act’ 1986.
v)
No
Share Certificate has ever been issued in the name of the Complainant, herein,
and therefore the Complainant is not an investor to the Opposite Parties
herein, in any manner, whatsoever.
vi)
The
Opposite Parties initiated the issues of Redeemable Preference Share Each of
Rupees 100/- and amount paid up per Share Rupees 100/- .
vii)
No
redemption dates has ever been approached for it’s materialization, and to act
upon.
viii) No Certificate holders has ever
been approached for it’s materialization, and to act upon.
ix)
No
Certificate Holder and or Investor has ever been approached to the Hon’ble
Forum, against the Opposite Parties with any claim and or cause thereof, more
particularly in the present proceeding.
x)
The
Complainant being an agent of the Opposite Parties, approached for a persona
Loan, and thereby the Opposite Parties issued two Cheques being (i) Cheque no.
441218, dated 12-02-2015, for Rs. 1,05,500/- and (ii) Cheque no. 441217, dated
20-01-2015, for Rs. 84,000/- only, totaling as of Rs. 1,89,500/- ( Rupees One Lakh
and Eighty Nine Thousand and Five Hundred ) only, towards grant of Loan amount
to the Complainant, which unfortunately dishonoured due to mismanagement of the
Banks’ account by the Opposite Parties.
xi)
There
is no cause of action and or Deficiency in Services, and or unfair Trade
Practices, on the Part of the Opposite Parties.
xii)
The
purported disputes is not a Consumer Disputes and therefore ousted from the
jurisdiction of the Consumer Forum to decide such disputes, if any.
SUBMISSION
:
The Complainant is not an
Investor to the Opposite Parties / Respondents. The Complainant is an agent of
the Opposite Parties, and the Opposite Parties is not a financial investing
Company rather the Company take money from Public at Large as per SEBI
regulation and enlistment. The Complainant did not invest any money with the
Respondents, and therefore no Share Certificates has ever been issued in the
name of Complainant, herein.
No Share Certificate has ever
been shown and or attached which attain the date of maturity, and more
particularly no investors and or Share Certificate Holder has ever been
approached to the Opposite Parties / Respondents and or to the Hon’ble Forum,
in the present proceeding.
The respondents are not in any
receipt of the purported Letter as stated by the Complainant herein, and the
purported cheques has never been issued towards the maturity amount as
allegedly described by the complainant herein, rather the said two cheques were
issued on demand of a personal loan of the Complainant, being the agent of the
Respondents / Opposite Parties.
The Complainant approached his
grievances before the Learned Metropolital Magistrate, at Kolkata,
The respondents are victim of
the purported alleged allegations and wrongful demand, the respondents thereby
seeking compensation as of Rs. 1,00,000/- ( Rupees One Lakh ) only, for
harassment and mental anxiety, arising from the institution of the present
proceeding by the complainant, before the Hon’ble Forum.
The Complaint is false,
frivolus and vexatious and has been filed with the mala fide intention, and as
such deserves to be dismissed with special costs
The present complaint should be
dismissed at once in terms of the provisions of Section 26 of the Consumer
Protection Act’ 1986, as the same is found frivolous and vexatious one.
Through _____________
Advocate for the Opposite
Parties,
Date : 6th day of
May’ 2016.
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