C. C. No-67/2019
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 PARGANAES
Amatran Bazer, Baruipur, Kolkata-700144
C. C. CASE NO-67 Of 2019
Date of filing: - 30/05/2019 Date of Judgment- 16/01/2020
Present : President- Ananta Kumar Kapri
Members- Jhunu Prasad and Jagadish Chandra Barman
Complainant : Mousumi Bhattacharya
W/O-Sukhendu Nath Bhattacharya
Vill. & P. O..- Falta
Dist.- South 24 Parganas
Pin code- 743504
VERSUS
Opposite Party : 1] Mr. Paritosh Pradhan ( Branch Manager)
Sahara India
Saharahat Branch, Sahararhat
P. S. .- Falta
Dist.- South 24 Parganas
Pin code- 743504
2] Mr. Mihir Bhattacharya (agent )
Vill- Jafarpur
P. O..& P.S.- Falta
Dist.- South 24 Parganas
Pin code- 743504
JUDGEMENT
Sri Jagadish Chandra Barman, Member.
The facts leading to the filing of the instant case by the complainant may be epitomized as below:-
The complainant invested through an agent namely MR. Mihir Bhttacharja, whose code no is 8134100000, respectively Rs. 41,050=00 ( Rs. forty one thousand and fifty ) only and Rs. 50,000=00 ( Rs. Fifty thousand) only. In total Rs. 91, 050=00 (Rs. Ninety one thousand and fifty) only on 21/07/2012 as fixed deposit for the term of 6 (six) years in the scheme of Sahara Q Shop Unique Products Range Ltd., Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow- 226024, . The said company also issued to the complainant two certificates vide hologram no- 992192582007, certificate no- 562010133554, receipt no- 71010350770, consumer ID-818342000361 and hologram no- 992192582008, certificate no.- 562010133555, receipt no.- 71010350771 Customer ID- 81834200362 of the same amount.
After maturity period of 6 (six) years, the complainant went to the O.P. to draw the matured 2.35 times money of Rs. 91,050=00 only by submitting an application dated 01/8/2018 to the Branch Manager of Sahara India of Sahararhat, South 24 Parganas. Even after waiting few months more, the complainant did not get her matured money. Instead of, the O. P. misbehaved with her and her husband. The complainant being aggrieved wrote another letter on 15/02/2019 to The Head of the Organization, Sahara Q Shop Unique Products Range Limited, Sahara Indian Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow-226024 to take legal steps to provide her matured money. All the applications were in vain. So the complainant filed a complaint case before this learned Forum on 30/05/2019. This Forum also heard the case and perused the documents. As a result, the case was admitted. This Forum of South 24 Parganas sent by speed post a set of complaint letter to the Opposite Party on 18/06/2019 and as per postal track record, it was served on 26/06/2019 to the O.P.
In this instant complaint case, the complainant demanded to refund Rs. 91,050=00 only with interest as well as benefit of the said scheme, i.e., Rs. 2,00,000=00 only as compensation amount for harassment, mental agony, and Rs. 20,000=00 only as costing charge etc.
The opposite party 1 was present through learned lawyer and submitted a petition with the Vokalatnama on 26/7/2019. The O.P. 1 also filed a petition saying that the complaint case is not maintainable in this Forum. The petition is registered as M. A. No- 24/19. But the O. P. No 2 was absent. In the petition of O.P. No-1, it is mentioned that the Complainant is not a consumer, and she has not kept any money in the fixed deposit scheme of the company. It is further submitted on behalf of the said O. P. that the Hon’ble Supreme Court has also imposed an embargo upon transfer of movable and immovable properties of Sahara Group of Companies and for that reason the instant case is not maintainable in this Forum.
The M.A. petition was heard on 06/09/2019 and rejected on the ground that there was no merit to allow his petition on points mentioned in his petition. The O. P’s were directed to submit evidences but none was appeared and this instant case is heard as Exparte.
Upon the averments of the complainant, the following points are formulated for the consideration.
POINTS FOR DETERMNATION.
- Is the complainant a consumer?
- Is the O.P. guilty of deficiency of service and unfair trade practice as alleged by the complainant?
- Is the complainant entitled to get relief or relieves as prayed for?
EVIDENCE OF THE PARTY
Petition of complaint is treated as evidence of the complainant.
DECISION WITH REASONS
Points Nos. 1, 2, & 3
The complainant invested through an agent namely MR. Mihir Bhttacharja, whose code no is 8134100000, respectively Rs. 41,050=00 ( Rs. forty one thousand and fifty ) only and Rs. 50,000=00 ( Rs. Fifty thousand) only. Grand total Rs. 91, 050=00 (Rs. Ninety one thousand and fifty) only on 21/07/2012 as fixed deposit for the term of 6 (six) years in the scheme of Sahara Q Shop Unique Products Range Ltd., Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow- 226024, . The said company also issued to the complainant two certificates vide certificate no- 562010133554, consumer ID-818342000361 and certificate no.- 562010133555, Customer ID- 81834200362 of the same amount. From the certificate and statement in para 9 & 10 of the petition of the O.P. dated- 26 July 2019 & other documents issued by the O.P, it is clear to us that the complainant is a consumer in terms of 2(d) of the Consumer Protection Act 1986 and also filed her complaint case within time limit . Hence, the case is maintainable in this Consumer Disputes Redressal Forum, 24 Pgs. South.
The opposite party has taken Rs. 91,050=00 only from the O.P. on 21/07/2012. O.P. also issued two certificates vide no- 562010133554 and 562010133555 dated 21/72012 of the same amount. The complainant expected to get back her matured amount, i.e., 2.35 times of Rs.91,050=00 only after 6 years. So the complainant requested in black & white to the Branch Manager of Sahara India on 01/08/2018 and to the Head of the Organization, Sahara Q Shop Unique Products Range Limited on 15/02/2019 to get back her matured money. But the Opposite Parties concerned did not pay any attention to the aggrieved complainant and did not pay the matured money in terms of the advertisement of the SAHARA INDIA PARIWAR Q SHOP PLAN-H. Therefore it is clear from the above averments that the opposite parties are very eager to collect money from the innocent persons without having any intention to return invested amount to the investors. Hence, there are certainly a deficiency of service as per Section 2(1) (g) and unfair trade practice as per Section 2(1) (r) of the Consumer Protection Act 1986, occurred on the part of the Opposite Parties.
In the result, the case succeeds.
Hence,
Ordered
That the complainant case be and the same is decreed exparte against the opposite parties with a cost of Rs. 10,000=00 only.
Both opposite parties 1 & 2 , who are jointly and severally liable,, are directed to pay Rs. 2, 13,967.50=00 (two lacs thirteen thousand nine hundred sixty seven and fifty paise) i.e., (Rs. 91,050=00x2.35) only jointly/severally within a month of this order, failing which the decreetal amount will bear interest @8% p.a. simple interest (which includes compensation for mental agony and harassment by way of interest) till full realization thereof.
Register-in-Charge of this learned Forum is directed to hand over a copy of judgment free of cost at once to the concerned parties by speed post.
I/We agree.
Member Member President
Dictated and corrected by me
Member
Ordered
.
Register-in-Charge of this learned Forum is directed to hand over a copy of judgment free of cost at once to the concerned parties by speed post.
That the complainant case be and the same is decreed exparte against the opposite parties with a cost of Rs. 10,000=00 only.
Both opposite parties 1 & 2 , who are jointly and severally liable,, are directed to pay Rs. 2, 13,967.50=00 (two lacs thirteen thousand nine hundred sixty seven and fifty paise) i.e., (Rs. 91,050=00x2.35) only jointly/severally within a month of this order, failing which the decreetal amount will bear interest @8% p.a. simple interest (which includes compensation for mental agony and harassment by way of interest) till full realization thereof.
I/We agree.
Member Member President
Dictated and corrected by me
Member
