State Consumer Disputes Redressal Commission
Akhtar Ali vs Esbi Infrastructure Co. Ltd. on 30 December, 2019
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/1131/2016 ( Date of Filing : 28 Nov 2016 ) (Arisen out of Order Dated 05/10/2016 in Case No. Complaint Case No. CC/397/2016 of District Kolkata-I(North)) 1. Akhtar Ali S/o Md. Idris, 24, Shrinath Porel Lane, Bankra Sadar, P.S. Howrah, Dist. Howrah, Pin- 711 101. ...........Appellant(s) Versus 1. ESBI Infrastructure Co. Ltd. Regd. office at 13A, Shibdas Bhaduri Street, 2nd Floor, P.S. - Shyampukur, Kolkata-700 004, W.B. 2. Sri Biswajit Paul, Chairman, ESBI Infrastructure Co. Ltd. 35/1, Bangur Avenue, Block - C, P.S.- Lake Town, Kolkata -700 055.
3. Sri Subrata Paul, Vice Chairman, ESBI Infrastructure Co. Ltd. 51/1B, Ramkrishna Bose Street, P.S.- Shyampukur, Kolkata - 700 003.
4. Sri Tapas kr. Basu(Director, ESBI Infrastructure Co. Ltd.) 54, Bangur Avenue, Block - C, Flat no.301, P.S.- Lake Town, Kolkata -700 055 5. Sri Jayanta Basu(Director ESBI Industries Ltd. & ESBI Infrastructure Co. Ltd.) P-49, Bangur Avenue, Block - C, P.S.- Lake Town, Kolkata -700 055. 6. Sri Sarbani Prasad Biswas, Director, ESBI Infrastructure Co. Ltd. Surpara, Itachuna Pandua, P.S.- Pandua, Dist. - Hooghly, Pin - 712 204. 7. Sri Asit Kr. Ghosh, Director, ESBI Infrastructure Co. Ltd. S/o Lt. Arun Kr. Ghosh, 9B, Star Lane, P.O. - Bedon Street, P.S.- Burtolla, Kolkata - 700 006. 8. Sri Anirudhya Roy Chowdhury, Director, ESBI Infrastructure Co. Ltd. S/o Lt. Debal Kr. Roy Chowdhury, 7B, Star Lane, P.O. Beadon Street, P.S. Burtolla, Kolkata - 700 006. ...........Respondent(s) BEFORE: HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER For the Appellant: Mr. Manojit Pal, Advocate For the Respondent: Mr. S. Chakraborty., Advocate Mr. Anupam Das., Advocate Mr. Sharba Sunder Chattopadhyay., Advocate Dated : 30 Dec 2019 Final Order / Judgement Sri Shyamal Gupta, Member Present Appeal is directed against the Order dated 05-10-2016 of the Ld. District Forum, Kolkata-I (North) passed in CC/397/2016.
The grievance of the Appellant is that the Ld. District Forum dismissed the instant case without due appreciation of the scope of Sec. 12 of the Consumer Protection Act, 1986. Accordingly, this Appeal is preferred for setting aside the impugned order.
At the time of hearing, Ld. Advocate for the Appellant and Respondent Nos. 7&8 remained present, who were heard at length. We have also gone through the record carefully.
It appears that the complaint case was filed over non-redemption of some debentures that stood in the name of the Appellant.
The Hon'ble Supreme Court in R.D. Goyal & Anr Vs. Reliance Industries Ltd., (2003) 1 SCC 81 observed as under:
"Debentures, as ordinarily understood, in our considered view, would not come within the purview of definition of goods as it is simply an instrument of acknowledgement of debt by the company whereby it undertakes to pay the amount covered by it and till then it undertakes further to pay interest thereon to the debenture-holders.
Thus, we find that the position of law is quite clear in this regard. By dismissing the complaint case, in view of above, the Ld. District Forum committed no legal infirmity.
Accordingly, we uphold the same and dismiss this Appeal. We, however, accord due liberty to the Appellant to approach the competent Court of Law for redressal of his grievance. [HON'BLE MR. SHYAMAL GUPTA] PRESIDING MEMBER [HON'BLE MR. UTPAL KUMAR BHATTACHARYA] MEMBER