Smt. Sangita Paul, Member
This is a case filed by Shri Shyamapada Barik S/o. Nolini 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.17,272/- only, to pay a sum of Rs.20,000/- only as 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.
The complainant by filing this case states that the complainant deposited a total sum of Rs.7,350/- under the Scheme of Sahara Q Shop Unique Product Range Limited under the scheme of Q Shop Goods (EXIST) Plan-H to the Office of OP No.2, complainant deposited Rs.3,700/- and received the money receipt being No.71039856565 dated 03.09.2012, and maturity amount is Rs.8,695/- and the date of maturity is 03.09.2018. Complainant deposited Rs.3,650/- and received the money receipt being No.71048047220 Dated 15.12.2012, the maturity amount is Rs.8,577/-. It has been assured by OP No.1 that after six years complainant would get the maximum benefit of Rs.17,272/- against the deposited of Rs.7,350/-. Against the deposit dated 03.09.2012 complainant would get the maximum benefit of Rs.8695/- on 03.09.2018 against the other deposit dated 15.12.2012. Complainant would get the maximum benefit of Rs.8,577/- on 15.12.2018.
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 the 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 the 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 the utter negligence of the OPs.
The cause of action arose on 07.08.2019 and it is still continuing. Hence complainant prays for a direction upon the OPs to refund the deposited amount along with interest and redemption value of Rs.17,272/- 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 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 complaint petition is not maintainable. The petition is barred by the Principle’s of Law.
That 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. OP No.3 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 by the complainant 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 queries. OP No.3 states that there is no deficiency in service on the part of OP No.3.
That the instant case was filed on 03.02.2020. The case was admitted on 18.02.2020. OP No.3 filed W/V on 10.12.2020. 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?
- Is the complainant entitled to get relief as prayed for?
Decision with Reasons :-
- On perusal of records and documents, 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.7,350/- for the period of six years within the scheme of Sahara Q Shop Unique Products Range Limited. A money receipts have been issued in favour of complainant. The receipt Nos. are 71039856565, 71048047220 dated 03.09.2018 and 15.12.2018 respectively. The receipts contained F.W.Code / S.A.Code No. being 0/818002016740 and 0/818002024287 respectively. Complainant was told that if the amount would be kept for six years, it would yield maximum benefit of Rs.17,272/- after the stipulated period of six years. It was told that the complainant would be benefited a lot. After getting all these assurances, complainant deposited the money. In reality, complainant did not get his return. Even he did not get two certificates against his savings. As complainant paid Rs.7,350/-, 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 receipts against the deposited amount of Rs.7,350/-. He was told that he would get maximum benefit. After a passage of six years, complainant visited the office of OP No.1. The picture was totally disappointing. Complainant was deprived of getting the fruitful return of Rs.7,350/-. 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.7,350/-. 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 any 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 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 way of 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 complainant and against the OPs.
- Complainant deposited Rs.7,350/-. He gave advance for Q Shop Goods (EXIST) Plan H. Complainant was supposed to get the maximum benefit of Rs.17,372/- as on the date of maturity. He paid on 03.09.2012 and 15.12.2012. 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 receipts 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.17,372/- . Complainant thought it to be a profitable deal and agreed to pay advance for Q Shop Goods (EXIST) Plan H. 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.17,372/- to the complainant. Money receipts were issued to that effect. Complainant could not be able to contact with them. Many a time the office of the OPs was closed. On 07.08.2019, complainant approached the office of OP No.1 but the OP No.1 could not help the complainant by disbursing the aforesaid amount. The problem remained the same due to negligent act of the OPs, complainant is suffering loss. Complainant spends time in mental agony. Sahara India, one of the premiere non-banking financial institutions is amassing wealth by befooling the innocent clients. The OPs are unwilling to pay money. The OPs are unwilling to provide services as per their commitments. In view of the above mentioned discussions, it appears that the complainant is entitled to get the 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.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed with cost of Rs.20,000/-only against the OPs 1 & 2 and dismissed on contest against OP No.3.
That the OPs 1 & 2 jointly or severally are directed to refund the amount of Rs.8,695/- with simple interest @10% per annum to the complainant w.e.f. 03.09.2012 till realization within 60 days from the date of this order.
That the OPs 1 & 2 jointly or severally are directed to refund Rs.8,577/- with simple interest @10% per annum to the complainant w.e.f. 15.12.2012 till realization within 60 days from the date of this order.
That the OPs 1 & 2 jointly or severally are 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 not 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
