SUKDEV MUSTAFI Vs. PIRAMAL HEALTHCARE LTD AND ORS

JUDGEMENT

(1.) THESE are the two appeals arising out of the same judgment passed by Learned District Forum, Kolkata, Unit -I in case no.CC 95 of 2008 allowing the complaint against the OPs except OP NO.4 and directing the OP No.1, 2, 3 and 5 to make payment of Rs.1,90,263/ - to the complainant along with interest @ 9% p.a. till realisation. The OPs were further directed to pay Rs.15,000/ - towards compensation for mental agony and harassment and litigation cost of Rs.5,000/ - to the complainant within 45 days from the date of communication of the order, in default an interest @ 9% p.a. shall accrue over the entire amount till realisation.

(2.) THE case of the complainant/respondent, in short, is that he carries on business as a dealer of the medicine under the name and style 'Medico Distributor' as a means of self employment for earning his livelihood. OP No.2 is the clearing and forwarding agent of Nicholas Piramal (India) Ltd. within the territory of West Bengal and OP No.3 is a Customer Service Manager who was engaged to deal with the customers, that is, the distributors within the State of West Bengal. In the year 1980 the complainant started a business as distributor of medicines with one of his brothers Sri Gopal Mustafi by virtue of registered partnership deed, but in the year 2001 the partnership was dissolved by executing a registered deed of dissolution of partnership. The complainant since then has been carrying on business under the name and style 'Medico Distributor' as proprietor. The trade licence and drug licence are in the name of the complainant. A demand draft dated 23/08/05 for a sum of Rs.1,90,263/ - was sent in favour of OP No.1 through OP No.3 being the Customer Service Manager for the purpose of supply of medicines. Due to some problem in the business the complainant on or about 24/08/05 issued a letter in favour of OP No.3 requesting him to stop the consignment and the letter was duly acknowledged by OP No.3. Subsequently, the complainant demanded statement of accounts from OP No.1 for the period 2005 and 2006, but it yielded no result. The complainant issued a notice dated 13/03/07 to OP No.2 for such statement of accounts, but to no effect. A further notice was issued on 22/03/07 and another notice dated 05/05/07 was issued for the refund of the amount of Rs.1,90,263/ -. OP No.1 through OP No.3 started threatening the complainant with dire consequences over telephone. There was clearly an intention to cheat the amount of Rs.1,90,263/ -. Under such circumstances, the complaint was filed before the Learned District Forum.

(3.) THE FA No.860 of 2012 was filed by the OP No.1 and FA No.674 of 2012 was filed by the complainant praying for modification of the impugned order so as to include OP No.4 Partha Mustafi in the decree.