Smt. Sangita Paul, Member
This is a case filed by Smt. Shankari Mondal, W/o. Shri Subhash Mondal of Village – Jagatdal, P.S.- - Sonarpur, Kolkata – 700 151 against authorized signatory of Hamara India Credit Co-operative Society Limited of Kolkata – 700 020 and authorized signatory of Hamara India Credit Co-operative Society Limited, of Sonarpur, Kolkata – 700 149.
OP No.1 is the authorized signatory of Hamara India Credit Co-operative Society Limited. The Registration Number is MSCS / CR / 1594 / 2012. The address is Mangal Jyoti, 101, 227/2 AJC Bose Road, Kolkata-700 020.
OP No.2 is the authorized signatory of Hamara India Credit Co-operative Society Limited. The address is Authorized Centre – Rajpur, F.C.180 (6992) sector and Region –Sonarpur. It is situated at Nabin Nibas Gajipur, P.O.-Rajpur, P.S. – Sonarpur, Kolkata – 700 149.
The complainant by filing this case states that being satisfied and allured by the Manager (OP No.2) and relying on terms and conditions, complainant has deposited money of Rs.24,156/- vide certificate No.605001623519 Membership No.66992 6001340, account no.6992 6402166 dated 07.11.2016. On assurance to receive the matured amount of Rs.37,104/- on 07.11.2019 for the period of 36 months, the complainant deposited the aforesaid amount. After maturity of the said certificate, complainant went to the office of OP No.2 and asked for payment on maturity and OP No.2 assured for payment to complainant very soon.
The complainant visited the office of OP No.2 but they started harassing complainant by deferring the dates of payment on various pleas one after another and ultimately the OPs did not pay anything to the complainant. Such acts of the OPs are serious unfair trade practice and deficiency in service. Complainant also filed a complaint before the Assistant Director, Consumer Affairs and Fair Business Practice, 24 Parganas (South). OPs did not solve the matter through mediation. The complainant needed the maturity amount to run his family during the pandemic situation and finding no other way, complainant filed this instant case before the Commission and the complainant is entitled to get the relief.
The cause of action for this case arose on 07.11.2019 i.e the maturity date of the said certificates. The Complainant did not get the matured amount and the cause of action is still continuing.
Hence, complainant prays for a direction upon the OPs to pay the maturity amount of Rs.37,104/- with 10% interest for delay in payment to the complainant, to pay further sum of compensation of Rs.20,000/- to the complainant by the OPs for his suffering from mental pain and agony.
The case was filed on 15.03.2022. The case was admitted on 23.03.2022. On 26.04.2022, the OP No.2 appeared. OP No.2 prays for time for filing W/V. On 01.06.2022, complainant appeared, but the OPs 1 and 2 did not appear. The case proceeded exparte against the OPs 1 and 2 on 06.07.2022 OP No.1’s prayer for vacating the exparte order was rejected. On 16.08.2019 Ld. Lawyer of complainant was present and filed BNA. Argument was heard and we proceeded for giving judgement.
Points of Consideration
01.Is the complainant, a consumer?
02.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 :-
Point No. 1:
On perusal of records and documents, it appears that the complainant was attracted by the lively representation of the Manager (OP No.2) of Sonarpur, Kolkata-700 149. He deposited Rs.24,156/- being certificate No.605001623519. Membership No.669926001340 Account No.69926402166 dated 07.11.2016. Complainant deposited the money under F 36 Golden VM Scheme. Complainant made payment and received money receipt to that effect. Complainant was told that if the money would be kept for 36 months, he would be benefitted a lot. He would get Rs.37,104/-. After getting all these assurances, complainant deposited the money. In reality, complainant did not get his return. As the complainant paid Rs.24,156/- for F36 Golden VM Scheme, he is a consumer u/s 2(7) of the consumer protection Act, 2019.
Hence, the 1st point is decided in favour of complainant and against the O.Ps.
Point No. 2:
The complainant deposited Rs.24,156/- under F36 Golden VM Scheme. The representation made by OP No.2 was a vague one. Complainant was issued money receipt against the amount of Rs.24,156/-. He was told that he would get maximum benefit of Rs.37,104/-. The F 36 Golden VM Scheme would be matured after 36 months. After 3 years i.e. after 07.11.2019, complainant visited the office of OP No.2. The picture was totally disappointing. The complainant was deprived of getting the fruitful return. Complainant showed the money receipt. The OP No.2 admitted the statement of payment. But the OPs delayed in refunding the aforesaid payment. At the time of investment, the OPs started various benefits of investing the amount of Rs.24,156/-. At the time of maturity, they did not pay. They assured the complainant that payment would be made very soon. Complainant went to the office of OP No.2 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. Though it was the legitimate claim of the complainant, complainant did not get anything. Complainant got no return of 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 that the complainant got no return of his invested amount, though complainant invested the money with a hope of multiplying the same. All his hopes remained unfulfilled, for the unfair trade practice adopted by the OPs. It was a means of grabbing money from innocent 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 O.Ps.
Point No. 3:
Complainant deposited Rs.24,156/- only . He invested the money in F 36 Golden VM Scheme. Complainant was supposed to get the maximum benefit of Rs.37,104/- on 07.11.2016. After the date of maturity, complainant was supposed to get the matured amount. But complainant failed to get the same. The OPs tried their best for capturing the innocent clients, and deprived the complainant. The clients believed in the sweet words of the OPs and agreed to give advance for F 36 Golden VM Scheme. The complainant was issued money receipt against the advance payment. Afterwards they did not care to listen to their client’s words. The complainant tried for several times to contact with the OPs. He tried for several times to contact with the OPs. But with no result. The OPs are deficient in rendering proper service. The OPs gave false hope to complainant that he would get maximum benefit of Rs.37,104/- on 07.11.2019. Complainant thought that it would be a profitable deal, agreed to invest Rs.24,156/-. After the date of maturity, the 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 trying to escape from their liabilities. It is contractual obligation of the OPs to pay the amount of Rs.37,104/- to the complainant. The OP No.2 could not help complainant by disbursing the amount of Rs.37,104/-. The problem remained the same due to negligent act of the OPs. The complainant spent time in mental agony. Sahara India, one of the premier non-banking financial institutions is amassing wealth by befooling the innocent clients like the complainant. The OPs are unwilling to provide service as per their commitment. In view of the above mentioned documents, it appears that complainant is entitled to get relief as prayed for.
Hence, the 3rd point is decided in favour of complainant and against the O.Ps.
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 exparte against the OPs with cost of Rs.20,000/-.
That the OPs jointly or severally are liable and directed to pay the amount of Rs.37,104/- (Rupees thirty seven thousand one hundred and four) with simple interest @10% per annum to the complainant w.e.f. 07.11.2019 till realization within 60 days from the date of this order.
That the OPs jointly or severally are liable and directed to pay compensation to the tune to Rs.20,000/- (Rupees twenty thousand) to the complainant for mental agony and harassment caused to complainant within 60 days from the date of this order.
That the litigation cost of Rs.20,000/- (Rupees twenty thousand) is to be paid by the OPs to the complainant within 60 days from the date of this order.
That the 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
