Smt. Sangita Paul, Member
This is a case filed by Shri Gautam Barik S/o. Late Probodh Kumar Barik of Village South Kalyanpur, P.O. & P.S. –Baruipur, Dist.-24Pgs(South), Pin – 743 610 against Sahara India, Baruipur, Sahara Q shop Unique Products Range Limited and Biswanath Das of Kolkata – 700 144 with a prayer for directing the O.Ps. to refund the deposited amount along with the matured or redemption value of Rs.18,330/- only along with such further cost or compensation or the amount to pay a sum of Rs.20,000/- for harassment and humiliation faced by the complainant as cost of compensation.
OP No.1 is Sahara India, Baruipur Branch. The Branch Office is situated at 108, Kulpi Road, P.S. – Baruipur, Dist. – 24 Pgs (South), Kolkata – 700 144.
OP No.2 is Sahara Q Shop Unique Products Range Limited. It is situated at Sahara India Bhawan. 1 Kapoorthala Complex, Aliganj, Lucknow-226 024.
OP No.3 is Biswanath Das. He is the son of Anonta Das. The address is Village – Dakshin Kalyanpur, Barikpara P.O. and P.S. – Baruipur, Dist. – 24 Pgs(South), Pin – 700 144.
Complainant by filing this case states that he deposited a total sum of Rs.7800/- under the Scheme of Sahara Q Shop Unique Project Range Limited advanced for Q Shop Goods (EXIST) Plan-H to the Office of OP No.2 and a receipt being no. 71043753249 dated 15.11.2012 has been issued in favour of complainant. Along with the receipt complainant received F.W.Code/S.A.Code No.0/818002023167 and it was assured by OP no.1 that after six years complainant could get the maximum benefit of Rs.18,330/- on 15.11.2018.
OP No.3 who is the agent of OPs 1 & 2 assured the complainant that the deposited amount would be matured successfully. OP No.3 introduced the above scheme to complainant. OP No.3 assured of the maturity amount.
After completion of the period of six years, complainant approached the OPs to refund his deposited amount along with interest as accumulated, but the OP No.1 always delayed the same by taking time on one pretext or the other. Finally, on 07.08.2019 complainant approached the OP No.1 but the OPs paid no heed to his request. At last complainant approached the Office of the Assistant Director of Consumer Affairs and Fair Business Practice, 24 Pgs(South). The OPs were called to come and resolve the instant problem through mediation but the mediation failed. Complainant suffered a lot due to utter negligence of the OP.
The cause of action arose on 07.08.2019 and it is still continuing. Hence the complainant prays for a direction upon the OPs to refund the deposited amount along with interest and redemption value of Rs.18,330/- along with other costs. Complainant also prays for a compensation to the tune of Rs.20,000/- for harassment and humiliation faced by complainant.
OPs 1 & 2 in their written version state that they are unable to make payment to complainant, since there is an embargo passed by the Hon’ble Supreme court.
Complainant did not produce original certificates and KYC before the Opposite Party for disbursement of payment. The OPs never neglected with their wrongful intention. So the allegations leveled against the OPs are not true.
The transaction between the complainant and the OPs is commercial transaction. So the complainant is not a consumer.
Complainant failed to satisfy the terms and conditions of the application. So, there is no deficiency in service on the part of the OPs. OPs state that the delay in payment happened due to pendency of the case before the Hon’ble Supreme Court. The Apex Court imposed embargo on the movable and immovable properties of Sahara Group of Companies on 21.11.2013.
OPs state that there is no merit in the complaint petition. So it is not maintainable either in law or in fact.
OPs pray for dismissal of the case.
OP No.3 in the written version states that the complainant petition is not maintainable. The petition is barred by principal of law.
The contents of the application under objection is vague and after-thought. After having a complete knowledge of the product and terms and conditions from OP No.1 complainant has given his consent by signing on the application form of Sahara Q Shop Unique Products Range Limited of OP No.2 and received a certificate of OP No.2 from OP No.1. OPs had no knowledge about it because OP No.3 is an agent. He will not get any monetary benefit in future. OP No.3 did not force complainant. The product has been purchased out of his free-will. Complainant has received assurance of payment from OP No.1 and paid to OP No.2. Any problem regarding payment would be solved by OPs 1 & 2 and not by OP No.3. OP No.3 has no negligence on his part.
That the OP No.3 worked as an agent with very nominal commission as 3rd person agent. Sahara India is solely responsible and answerable for complainants query. OP No.3 states that there is no deficiency in service on the part of Op No.3.
The instant case was filed on 03.02.2020. The case was admitted on 18.02.2020. OP No.3 filed W/V on 19.01.2021. OPs 1 & 2 also filed W/V. After that the OPs did not attend. It appears from their behavior that the OPs are reluctant to proceed with the case. On 28.07.2022 argument of complainant was heard in full. And we proceeded for giving judgement.
Points of Consideration
- Is the complainant a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
03.Is the complainant entitled to get relief as prayed for?
Decision with Reasons
- On perusal of records and document, it appears that the complainant was attracted by the lively representation of OP No.3 (agent of Sahara India, Baruipur). He also met with the officials of OP No.1. As a result, complainant deposited a total sum of Rs.7800/- under the scheme of Sahara Q Shop Unique Products Range Limited. Complainant gave advance for Q Shop Goods (EXIST) Plan –H. A money receipt has been issued in favour of complainant. The receipt No. is 71043753249 dated 15.11.2012. The receipt contained F.W.Code / S.A.Code No. being 0/818002023167. Complainant was told that if the amount would be kept for six years, it would yield maximum benefit of Rs.18330/- on 15.11.2018. It was held that after six years, complainant would be benefited a lot. After getting all these assurances, complainant deposited the money. In reality, complainant did not get his return. As complainant paid Rs.7800/-, as advance for Q Shop Goods, he is a consumer under Section 2 (7) of the Consumer Protection Act, 2019. Hence, the 1st point is decided in favour of complainant.
- Complainant gave advance for Sahara Q Shop Goods Plan H. The representation made by OP No.3 was a vague one. Complainant was issued money receipt against the amount of Rs.7800/-. He was told that he would get maximum benefit on 15.11.2018. After a passage of six years, i.e. after 15.11.2018 complainant visited the office of OP No.1. The picture was totally disappointing. The complainant was deprived of getting the fruitful return. Complainant showed the money receipt. The OPs admitted the statement of payment. But the OPs delayed in refunding the aforesaid payment. At the time of representation, the OPs showed various benefits of investing the amount of Rs.7800/-. At the time of maturity, they avoided complainant. Complainant went to the office of OP No.1 for several times. But the OPs did not pay heed to the complainant’s request. The OPs blocked the money of complainant unlawfully. Neither he got any benefit nor the advance amount was refunded. It appears from the record that it was the legitimate claim of complainant. But the complainant got no return by investing his hard earned money. The assurance of the OPs was a blatant lie. It was due to unfair trade practice and deficiency in service adopted by the OPs. Complainant got no return of his invested amount. Complainant invested money with a hope of multiplying the same. All his hopes remained unfulfilled for the unfair trade practice adopted by the OPs. It was nothing but a means for collecting money from clients. The OPs have no plan to return complainant’s money. Complainant suffered miserably due to deficiency in service adopted by the OPs. Hence, the 2nd point is decided in favour of complainants and against the OPs.
- Complainant deposited Rs.7800/-. He gave advance for Q Shop Goods (EXIST) Plan H. Complainant was supposed to get the maximum benefit of Rs.18,330/- on 15.11.2018. He paid on 15.11.2012. As per information of the OPs complainant failed to get the said amount. The OPs tried their best for capturing the innocent clients and deprived them. The clients believe in the sweet words of the OPs and agreed to give advance for Q Shop Goods (EXIST) Plan H. The complainant was issued money receipt against the advance payment. Afterwards they did not care to listen to their client’s words. Complainant tried for several times to contact with the OPs but with no result. The OPs did not pay heed to the complainant’s request. The OPs gave false hope to the complainant that he would get maximum benefit of Rs.18,330/- on 15.11.2018. Complainant thought that it would be profitable deal and agreed to pay advance for Q Shop Goods (EXIST) Plan H. After 15.11.2018 i.e. after maturity, complainant failed to get a single farthing from the OPs. It appears that the OPS failed to provide service as per their commitment. The OPs gave several excuses for escaping from their liabilities. It is the contractual obligation of the OPS to pay the amount of Rs.18,330/- to complainant. A money receipt was issued to that effect. On 07.09.2019, complainant approached the office of OP No.1 but the OP No.1 could not help complainant by disbursing the amount of Rs.18,330/- The problem remained the same due to negligent act of the OPs. The complainant spent time in mental agony. Sahara India, one of the premiere non-banking financial institutions is amassing wealth by befooling the innocent clients like complainant. They are unwilling to pay money. The OPs are unwilling to provide service as per their commitment. In view of the above mentioned discussions, it appears that the complainant is entitled to get relief as prayed for. Hence, the 3rd point is decided in favour of complainant and against the OPs.
In the result, the complaint case succeeds. Fees paid is correct.
Hence, it is,
ORDERED
that the complaint case be and the same is allowed on contest with cost of Rs.20,000/-against the OPs 1 & 2 and dismissed on contest against OP No.3 without cost.
That the OPs 1 & 2 jointly or severally are liable and directed to pay the amount of Rs.18,330/- with simple interest @10% per annum to the complainant w.e.f. 15.11.2018 till realization within 60 days from the date of this order.
That the OPs jointly or severally are liable and directed to pay the compensation to the tune of Rs.20,000/- to complainant for mental pain, agony and harassment caused to complainant within 60 days from the date of this order.
Complainant is at liberty to put the order into execution if the orders are ot complied with within the stipulated period of 60 days.
Let a copy of the order be supplied to the parties concerned free of cost.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
(Sangita Paul)
Member
