20.....04.05.2021.....

The complainant is present today.

Today is fixed for delivery of final order. Final order containing 5 pages is ready. It is sealed , signed, and delivered in open commission.

It is,

                                                                 ORDERED

            That the complaint case be and the same is hereby allowed on contest against the opposite parties with a cost of Rs. 6,000=00 (Rs six thousand) only.

            All the opposite parties are directed jointly/severally to refund paid amount Rs. 16,600.00  along with LBP earnings and accumulated benefits  Rs.,21,580=00 only  i.e., in total Rs. 38,180=00 (Rs. thirty eight thousand one hundred and eighty) only with 6% p.a. simple interest since 14/10/2018 to the realization and within 60 days from the date of issuing this  order.

              The opposite parties are also directed to pay jointly/severally compensation amount Rs. 15,000=00 ( Rs. fifteen thousand) only  within 60 days from the date of issuing this order; otherwise, compensation and costing amount will bear 9 % p.a. interest from the date of issuing this order till to the date of realization.

             Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.

            The final order be also available in www.confonet.nic.in  .

1

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

SOUTH 24-PARGANAES

AMANTRAN BAZAR, BARUIPUR, KOLKATA-700144

C.C.NO. 82 of 2019

DATE OF FILING            DATE OF ADMISSION                   DATE OF FINAL ORDER

    25.6.2019                                     4/7/2019                                   04/05/2021

Present                                              :  President   :  Asish Kumar Senapati

                                                              Member :  Jagadish Chandra Barman

Complainant:-                                 :   Prasenjit Barik,

                                                             Son of late Swapan Barik           

                                                             Village - Dakshin Kalyanpur, Barik para

                                                             P. O. + P. S.- Baruipur

                                                             Dist. – 24 Parganaes South

                                                              Kolkata-700144

                                                                           Versus

Opposite  Party(s)                          : 1.   Sahara India, Baruipur branch

                                                                   108, Kulpi Road,

                                                                   P. S. – Baruipur

                                                                   Dist. – 24 Parganaes South

                                                                    Kolkata- 700144

                                                       2. Sahara Q Shop Unique Products Range

                                                                  Limited, Sahara India Bhawan,

                                                                   1, Kapoorthala Complex, Aliganj,

                                                                      2

                                                           Lucknow,  226024

                                                            3].  Bishwanath Das

                                                               Son of late Ananta Das

                                                                Village- Dakshin Kalyanpur         

                                                                 Barikpara,

                                                               P.O. +     P. S. – Baruipur

                                                              Dist. – 24 Parganaes South

                                                              Kolkata- 700144

Sri Jagadish Chandra Barman,  Member (M)

            The facts leading to the filing of the instant case by the complainant may be epitomized as follows:

            This is a complaint case under Section 12 of the Consumer Protection Act 1986.

              The complainant Mr. Prasenjit Barik invested a total amount of Rs.16,600=00  ( Rs. Sixteen thousand and six hundred) only  to the Opposite Party 1,2, as the OP  No. 3 encouraged the complainant for higher benefit, on 13/10/2012  for the office of  Sahara Q Shop Unique Products Range Limited , Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow, 226024. The said company  issued a receipt vide no- 071039859309, hologram no.- 992077127108  dated 13/10/2012 in favour of the complainant and the company also provided a certificate vide no- 562010108386 under hologram  no- 992181861086, customer ID- 818002018302 from the Baruipur Service centre.

                 It was assured by the opposite parties that the complainant might get maximum LBP earnings and accumulated benefit in the tune of 2.13/2.26/2.35//3.84/3.97/4.06 against the said investment after completion of 6 year. Accordingly, the complainant, after completion of 6 years, had gone to the opposite parties to get back his invested amount with assured maximum LBP

                                                                  3

earnings and accumulated benefit, but the opposite parties delayed the same by taking time on one pretext or the other as well as did not pay any heed upon the anxiety, mental agony of the complainant.

                   The opposite parties submitted their written version and an application through learned lawyer on 02/9/2019. They filed a petition and opined not to maintain the case in this Forum/ Commission. The petition was registered as  M. A No—29/19. In the petition they pointed out that an embargo was imposed by the Honourable Supreme Court of India upon transfer  of  movable and unmovable properties of Sahara Group of Company and for that reason the company demanded to dismiss this instant case. The M. A. petition was heard on 26/11/2019 and after careful perusal of the documents submitted before the Learned Forum, the petition was also rejected for having no merit

                      The representative of the o .ps. pointed out in their evidences and brief notes that the complainant never met and submitted his original certificate to the office of the opposite parties to get back his invested amount Rs. 16,600=00 only along with benefits. They also pointed out that the complainant is not entitled to get any kind of cash benefit under the said scheme. But in para 16,17 & 18  of the BNA, and in the certificate , it is clearly mentioned “ Under Q Shop Plan- H”  total accumulated LBP will be 2.13/2.26/2.35//3.84/3.97/4.06 times of Global Advance. For example, they pointed ,”if an estimated customer joins “Plan H” by giving Global Advance Rs. 20,000.00 only, it will be Rs. 42,654=00 only i.e., 2.13 times after 72 months  as LBP earning and cumulative benefit

            Upon the averments of both sides, the following points are formulated:-

POINTS FOR DETERMINATION

1].    is the complainant a consumer?

2]    Are the O. Ps.  guilty of deficiency of services and unfair trade practice as alleged by the complainant?

3]      Is the complainant entitled to get relief /relieves as prayed for?

                                     EVIDENCE OF THE COMPLAINANT

The complainant submitted a petition on 12/12/2019 to treat his complaint petition as evidence and the opposite parties submitted their separate evidences in the proceedings.

                                                                         4

DECICIONS WITH REASONS.

Point no. 1, 2, & 3.

Attracted by high return   on maturity as projected by OP No. 3, the complainant Mr. Prasenjit Barik invested a total amount of Rs.16,600=00  ( Rs. Sixteen thousand and six hundred) only under “ Q Shop Goods (EXIST) Plan-H”  in the office, Sahara India Bhawan, 1, Kapoorthala Complex, Aliganj, Lucknow, 226024. The said company on 13/10/2012 issued a receipt vide no- 071039859309, hologram no.- 992077127108  and  a certificate vide no- 562010108386 under hologram  no- 992181861086, customer ID- 818002018302 in favour of the complainant from the Baruipur Service Centre.  Therefore, it is transparent to us that the complainant is a consumer under Section 2 (d) of the Consumer Protection Act 1986.

                      After completion of 6 years, the complainant approached the company several times to refund his deposited money with LBP earnings and accumulated benefits under the “ Q Shop Goods (EXIST) Plan-H”. But the opposite parties did not pay any heed upon the anxiety, tension and harassment of the complainant. The O.Ps. altogether denied to refund his money and to provide any LBP earnings, accumulated benefit to the complainant as per their scheme  Under “Q Shop Plan –H”. The O. Ps also did not make any communicate with the complainant at any time by any means.

                    It is very much worthy to mention that the company has availed Rs. 16,600=00 only from the petitioner since 13/10/2012 and gained interest. But the complainant did not enjoy any service from the said company.

                   Therefore, it is clear from the above averments that the opposite parties are keenly interested to collect money from the innocent persons of the society and they have no intention to return to the complainant his/her invested amount with LBP earnings as well as accumulated benefits’. Hence, there is certainly a deficiency of service under Section 2(l) (g) and unfair trade practices under Section 2(l), (r) of the Consumer Protection Act 1986 occurred on behalf of the opposite parties.

                  So, we are of the opinion that the complainant is entitled to get back his invested amount Rs. 16,600=00 only including LBP earning and accumulated benefit of Rs. 21,580=00 only i.e., in total Rs. 38,180=00 only from the opposite parties as per the terms and conditions of the said plan.

                  Hence, all the opposite parties are jointly /severally liable to be penalized Rs. 6,000 only as costing, Rs. 15,000 only as compensation amount for deficiency of service and unfair trade practice occurred on behalf of all opposite

                                                                          5

parties.

       In the long run, the complaint case is succeeded.          

       Hence, it is

                                                                 ORDERED

            That the complaint case be and the same is hereby allowed on contest against the opposite parties with a cost of Rs. 6,000=00 (Rs six thousand) only.

            All the opposite parties are directed jointly/severally to refund paid amount Rs. 16,600.00  along with LBP earnings and accumulated benefits  Rs.,21,580=00 only  i.e., in total Rs. 38,180=00 (Rs. thirty eight thousand one hundred and eighty) only with 6% p.a. simple interest since 14/10/2018 to the realization and within 60 days from the date of issuing this  order.

              The opposite parties are also directed to pay jointly/severally compensation amount Rs. 15,000=00 ( Rs. fifteen thousand) only  within 60 days from the date of issuing this order; otherwise, compensation and costing amount will bear 9 % p.a. interest from the date of issuing this order till to the date of realization.

             Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.

            The final order be also available in www.confonet.nic.in  .