17.....14.12.2021....
Today is fixed for delivery of final order. Final order containing 8 pages is ready. It is sealed, signed and delivered in open Commission.
It is
ORDERED
That the complaint be and the same is allowed on contest against the OPs with cost of Rs. 5,000/-.
The O.Ps. are jointly and severally directed to refund the amount of Rs.4,02,000/- only with 6% interest from 28.12.2018 till payment of the due amount to complainant within 60 days from the date of receipt of the original certificate and KYC documents. The complainant is directed to submit the original certificates and documents for KYC before the O.P. No. 2 by 30 days from the date of this order.
The O.Ps. are jointly and severally directed to pay Rs. 20,000/- only as compensation for causing mental pain and agony to the complainant within 60 days from the date of this order.
Let a copy of the order be sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website:www.confonet.nic.in
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO. 18 OF 2020
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
06.02.2020 25.02.2020 14.12.2021
Present : President : Asish Kumar Senapati
Member : Sangita Paul
COMPLAINANT : 1. Sri Probir Kumar Chakraborty,
S/O Lt. Jyotirmoy Chakraborty,
Residing at Sahapara, Ward No.8, Kalikata Bishnupur Road, Village & P.O. – Baruipur, Kolkata-700 144
Versus
O.P/O.Ps : 1. M/S. Sahara Credit Cooperative Society Limited at Sahara India Bhawan, 1, Kapoorthala Complex Aliganj, P.S. – Aliganj, Lucknow-226024
2. Branch Manager of Sahara Credit Cooperative Society Limited at P.O. & P.S. – Diamond Harbour, Pin – 743331, District - South 24 Parganas.
3. The Regional Manager, Sahara India, Region Office at Plot No-470, Purbachal Main Road, Kalikapur, P.S.-Garfa, Kolkata-700 078.
4. The Sector Manager, Sahara India at 120, Diamond Harbour Road, Shilpara, Kadamtala, P.S. – Thakurpukur, Kolkata—700 063.
Smt. Sangita Paul, Member
This is a case filed by Mr. Probir Kumar Chakraborty, S/O. Late Jyotirmoy Chakraborty with a direction to the OPs to make payment to complainant by refunding the money of Rs.4,02,000/- only invested by complainants with interest @ 10% per annum for a delayed payment on each certificate and to give direction upon the OPs to pay Rs.1,00,000/- only to complainant for their harassment and suffering from mental pain and agony and to give direction upon the OPs to pay sum of Rs.15,000/- only to complainant as cost of litigation.
M/S Sahara Credit Co-operative Society Limited, the OP No.1 is situated at Kapoorthala Complex, Aliganj in Lucknow. Branch Manager of Sahara Credit Co-operative Society Limited is posted at Diamond Harbour Road. He is referred to as OP No.2 OP No.3, i.e. Regional Manager, Sahara India is posted at Kalikapur., The Sector Manager of Sahara India is OP No.4. He is posted at Diamond Harbour Road.
Complainant by filing this case states that OP No. 1 is a non-banking company registered under the Companies Act 1956. The Branch Office is within West Bengal. It is very well within the jurisdiction of DCDRC, South 24 Parganas .
Being allured by the representation of the said Branch Manager and by relying on the terms and conditions, complainant has deposited money. It was assured in the said advertisement that the matured amount would be received by complainant after due date. Complainant deposited Rs.18,000/- on 28.12.2013 vide certificate No.821000580415, the date of maturity 28.12.2018 and the maturity amount was Rs.18,000/-. Besides complainant received monthly interest, complainant deposited Rs.18,000/- on 28.12.2013 vide certificate No.821000580416, the date of maturity was 28.12.2018 and the maturity amount was Rs.18,000/- Complainant received monthly interest complainant deposited the same amount i.e. Rs.18,000/- on 28.12.2013 vide certificate No.821000580417, the date of maturity was 28.12.2018 and the maturity amount was Rs.18,000/- Complainant received monthly interest. On 28.12.2013 complainant again deposited Rs.18,000/- vide certificate No.821000580418. The
maturity date being 28.12.2018 and the maturity amount was Rs.18,000/- Complainant received the monthly interest on 28.12.2013. Complainant deposited Rs.6,000/- vide certificate No.821000580419, the date of maturity being 28.12.2018 and the maturity amount was Rs.6,000/- complainant received month interest. Complainant deposited Rs.18,000/- on 28.12.2013 vide certificate No.821000580420, the date of maturity being 28.12.2018 and the maturity amount was Rs.18,000/- and complainant received monthly interest. On 28.1.2013 complainant invested Rs.18,000/- vide certificate No.821000580421. The maturity date was on 28.12.2018 and the maturity amount is Rs.18,000/-. Complainant received monthly interest. Complainant deposited Rs.18,000/- on 28.12.2013 vide certificate No.821000580422, the maturity date being 28.12.2018 and the maturity amount is Rs.18,000/-. Complainant received monthly interest. On 28.12.2013, complainant deposited Rs.18,000/- vide certificate No.821000580423. The date of maturity was 28.12.2018. Complainant will get Rs.18,000/- as maturity amount and complainant received monthly interest. Complainant deposited Rs.18,000/- on 28.12.2013 vide certificate No.821000580424, the date of maturity being 28.12.2018 and the maturity amount is Rs.18,000/-. Complainant received monthly interest. On 28.12.2013,
complainant deposited Rs.18,000/- vide certificateNo.821000580425 the date of maturity being 28.12.2018. Complainant was supposed to receive the maturity amount of Rs.18,000/- Complainant received the monthly interest. On 28.12.2013, complainant deposited Rs.18,000/- vide certificate no.821000580426, the date of maturity being 28.12.2018 and the maturity amount is Rs.18,000/-. Complainant received monthly interest. Complainant deposited Rs. 18,000/- on 28.12.2013 vide certificate No.821000580427, the date of maturity being 28.12.2018 and the maturity amount is Rs.18,000/- and complainant received monthly interest. Complainant deposited Rs.18,000/- on 28.12.2013 vide certificate no.821000580430, the maturity date being 28.12.2018 and the maturity amount is Rs.18,000/-. Complainant received monthly interest. On the same date i.e. on 28.12.2013, complainant deposited Rs.18,000/- vide certificate no.821000580431, the date of maturity was 28.12.2018 and the maturity amount was Rs.18,000/- and complainant received monthly interest. Again on 28.12.2013 complainant deposited Rs.18,000/- vide certificate No.821000580432, the date of maturity being 28.12.2018, the maturity amount was Rs.18,000/- and complainant received monthly interest. Complainant deposited Rs.18,000/- on
28.12.2013 vide certificate No.821000580433. The maturity date being 28.12.2018 and the maturity amount was Rs.18,000/-. Complainant received monthly interest. On 28.12.2013 complainant deposited Rs.18,000/- vide certificate No.821000580434, the date of maturity being 28.12.2018 and the amount on maturity was Rs.18,000/- and complainant received monthly interest. On 28.12.2013, complainant deposited Rs.18,000/- vide certificate No.821000580435, the maturity date being 28.12.2018 and the amount on maturity was Rs.18,000/- complainant received monthly interest. On 28.12.2013complainant deposited Rs.18,000/- vide certificate no.821000580436 the date of maturity being 28.12.2018 and amount on maturity was Rs.18,000/-. Complainant received monthly interest. Complainant again deposited Rs.18,000/- on 28.12.2013 vide certificate No.821000580437, the date of maturity being 28.12.2018 and the amount on maturity was Rs.18,000/- and complainant received monthly interest. Altogether, complainant deposited Rs.4,02,000/- only through 23 cash certificates. Complainant is entitled to get the same amount i.e. Rs.4,02,000/- on maturity. Complainant received monthly interest in each month.
Complainant did not receive the maturity amount. Branch Manager of Sahara assured OP No.2 that he would get his money very soon. Complainant also sent letter to Branch Manager. It is nothing but deficiency in service and unfair trade practice. Hence complainant prays for making refund of Rs.4,02,000/- only which was invested by him and also prays for compensation of Rs.1,00,000/- for harassment and suffering from mental pain and agony.
Notice was sent to the OPs. OPs appeared and filed W/V on 30.09.2020.
In the W/V, OPs state that the OPs 1, 2, 3, 4 had no bonafide intention of not refunding the invested amount. Complainant did not produce original certificates and KYC, in spite of several reminders, complainant failed to deliver the original certificates.
The original certificates were demanded for internal process for disbursement of claim.
The O.Ps. stated that they did not adopt any unfair trade practice which cause extreme mental agony towards the complainant.
These allegations which were levelled against the OPs are not correct and binding in law. Complainant is not a consumer as defined in C.P. Act. The relationship between complainant and the O.Ps is of debtor and creditor. It is a commercial transaction and any grievance on it should be redressed in civil court only. Complainant failed to comply the terms and conditions stipulated on the application. Due to dispute with SEBI, the matter is pending before Hon’ble Supreme Court of India. The delay in payment is happened. The Supreme Court imposed embargo on movable and immovable properties of Sahara group of Companies on 21.11.2013. The O.Ps 1, 2, 3 4 pray to consider their circumstances and dismiss the instant case.
Points of Discussion:-
- Is the complainant a consumer ?
- Are the OPs guilty of deficiency in service and unfair trade practice ?
- Is the complainant entitled to get relief as prayed for ?
Decision with Reasons:-
On perusal of existing records and documents, it appears that complainant deposited Rs.04,02000/- only through 23 certificates on 28.12.2013 and received interest upto the date of maturity i.e. 28.12.2018. Complainant is entitled to get the same amount i.e. Rs. 4,02,000/- on maturity through complainant received monthly interest, but he is yet to receive the amount of Rs.4,02,000/-. The date of investment was 28.12.2013 and the date of maturity is 28.12.2018. Five years have passed, complainant did not receive any amount except monthly interest. Several reminders were sent to the office of the OPS by complainant but with no effect. Complainant sent reminder on 05.01.2019 for payment of maturity amount. Reminder was sent to the Branch Manager, Sahara India Pariwar, South 24 Parganas. Complainant requested to OP no.2 to inform him of the exact date of payment . On 16.03.2019 another reminder was sent by complainant with the same plea. Complainant stated that he did not receive any information from OP No.1 regarding the same matter. The third reminder was sent on 24.06.2019 to OP No.2. Copy has also been sent to the Office of OP No.1. It was sent to the Deputy Managing Worker of OP No.1. Complainant informed that he would take legal step if money was not disbursed. Complainant did not get any answer from the O.Ps. On 04.11.2019 complainant sent reminder to O.P. No.2 . The letter was sent to the Managing Worker of O.P. No.1. But no reply was received. Complainant informed that he was suffering from shortage of money. Due to problem he could not continue his treatment. The complaint was filed on 06.02.2020. Cash certificates were bought on 28.12.2013 and the embergo by the Supreme Court of India was imposed on 21.11.2013. One month later of the Supreme Court’s embargo, the certificates were purchased.
Complainant bought cash certificates. So he is a consumer. OPs. allured through lucrative advertisement and collected money from complainant. But now, they are not returning money. They must be penalised for their deficiency in service and unfair trade practice.
In the result, complaint succeeds.
Fees paid are correct.
Hence,
ORDERED
That the complaint be and the same is allowed on contest against the OPs with cost of Rs. 5,000/-.
The O.Ps. are jointly and severally directed to refund the amount of Rs.4,02,000/- only with 6% interest from 28.12.2018 till payment of the due amount to complainant within 60 days from the date of receipt of the original certificate and KYC documents. The complainant is directed to submit the original certificates and documents for KYC before the O.P. No. 2 by 30 days from the date of this order.
The O.Ps. are jointly and severally directed to pay Rs. 20,000/- only as compensation for causing mental pain and agony to the complainant within 60 days from the date of this order.
Let a copy of the order be sent / supplied free of cost to the parties concerned.
The Final Order will be available in the following website:www.confonet.nic.in
Dictated and corrected by me
Member
