Smt. Sangita Paul, Member
This is a case filed by Sri Ajit Kumar Adhikari, S/o. Yajneswar Adhikari of Dhanai Tala Lane, Jagaddal Praduo Battala, P.S. – Sonarpur, Kolkata-700 151 against Authorized signatory of Sahara Credit Cooperative Society Limited and Authorized signatory of Sahara Credit Cooperative Society with a prayer to pay maturity amount of Rs.10,000/- and interest of 10 months to complainant to pay the sum of compensation to the tune of Rs.1,000/- only to complainant for his suffering from mental agony and pain
OP No.1 is authorized signatory of Sahara Credit Cooperative Society Limited. The office is situated as Navin Niwas Gazipur N.S.C. Bose Road, P.O.-Rajpur, P.S.-Sonarpur, Kolkata-700 149.
OP No.2 is authorized signatory of Sahara Credit Cooperative Society Limited. Registered Office is situated at Sahara India Bhawan 1, Kapoorthala Complex, Aliganrj, Lucknow-226 024.
OPs 1 and 2 are non-banking company (same company with office at different places).
Complainant, by filing this case states that being allured by the representation of said Manager of OP No.1 and relying on terms and conditions Complainant has deposited money of Rs.10,000/- vide certificate No.964000094239, dated 30.06.2015 and on assurance of receiving the matured amount of Rs.10,000/- deposited on 30.06.2020 along with monthly interest amounting to Rs.100/- per month.
Therefore complainant states that the OPs paid monthly interest for 50 months but did not pay interest of the remaining 10 months after the date of maturity of the certificate, complainant went to the office of OP No.1 and asked for payment, payable on maturity, along with interest which was due for 10 months. OP No.1 assured for payment very soon.
Complainant visited the office of OP No.1 for several times, but the OP No.1 refused the complainant by deferring the dates of payment on various pleas one after another. Ultimately the OPs did not pay to the complainant as entitled and such act is nothing but the unfair trade practice of the OPs. OPs did not solve the matter through the process of mediation. As a result, the complaint was filed on 14.09.2021.
The cause of action arose on 30.06.2020, i.e. from the date of maturity of the said certificates and the cause of action is still continuing, day by day.
In the facts and circumstances, the complainant prays for a direction upon the OPs to pay the maturity amount of Rs.10,000/- along with interest, due for 10 months to the complainant and to pay a further sum towards compensation to the tune of Rs.20,000/- to the complainant for suffering from mental pain and agony.
OPs 1 and 2 in their written version stated that they have no malafide intention of not making payment. OPs are unable to make payment due to an embargo, passed by Hon’ble Supreme Court. After receiving the legal notice from complainant, the OPs made several requests to the complainant for producing the original –Sahara-Certificates and K.Y.C. before the OP No.1 for internal process for disbursement of the matured amount. OPs state that the complainant never followed the instructions of the OPs.
OPs further state that the material allegations leveled against the OPs are not true and valid in law and binding on the OPs. OPs state that complainant is not a consumer as stated in the C.P. Act. The transaction between complainant the OP is commercial transaction and this grievance would be redressed in Civil Court only and therefore this complaint is not maintainable in consumer Commission. As a result, it is liable to be dismissed. The cause of action mentioned in the complaint petition is not correct. OPs state that the complaint is imaginary. There is no merit in the complaint petition so it is not maintainable under law or fact.
Hence the OPs pray for dismissal of the complaint case with heavy cost and pass necessary orders.
The complaint case was admitted on 28.09.2021. On 09.12.202`1 OPs file W/V. On 17.01.2022, complainant files evidence on affidavit. No evidence on affidavit was filed by the OPs on 15.06.2022, complainant files BNA. OP was absent on call. 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 documents and records, it appears that the representatives of Sahara Credit Cooperative Society Ltd. met with the complainant and complainant was attracted by lively representation. As a result, complainant bought cash certificate vide No.964000094239 dated 30.06.2015. The amount of Rs.10,000/- was kept for five years. Complainant was supposed to get the maturity amount on 30.06.2020. It was also assured that complainant would get a monthly interest @Rs.100/- for 60 months (i.e. 5 years) nothing of that sort happened. Complainant deposited the money, but did not get any return. Even the monthly interest was stopped after 50 months. Complainant paid but did not get his return. As complainant paid Rs.10,000/- only for purchasing cash certificates he is a consumer U/S 2(5) of the C.P. Act, 2019. The first point is settled in favour complainant.
- Complainant purchased cash certificates with a hope of saving. But he was totally deprived. Neither he got the monthly interest of 5 years, nor he got the maturity amount. He got monthly interest for 50 months. He is yet to get monthly interest of the remaining 10mmonths. Complainant faced huge monetary loss. As no communication was done from the end of the OPs, complainant visited the office of OP No.1 to contact with them. He asked for payment of the due amount, i.e. Rs.10,000/- only which he deposited at Sahara Credit Cooperative Society Limited and the remaining monthly interest of 10 months. The OP No.1 told that they would pay to complainant very soon. Complainant did not get the same. Complainant visited the office of the OP No.1 for several times. But they started harassing complainant, by deferring the dates. On the whole, OP No.1 avoided the complainant and showed lame excuses. Complainant believed in the words of OP No.1. The act of OP tantamounts to unfair trade practice. They gave false hope to complainant. By investing Rs.10,000/- only, complainant got nothing. OPs did not pay heed to complainant’s words. OPs were reluctant to render proper service to the complainant. Hence it is clear that the OPs are guilty of deficiency in service and unfair trade practice. Hence, the 2nd point is settled in favour of complainant.
- Complainant bought cash certificate amounting to Rs.10,000/- only from Sahara Credit Cooperative Society Limited. After expiry of 5 years, complainant did not get the said amount. Complainant was also entitled to get monthly interest of 10 months. The OPs tried their best for capturing the innocent clients and then deprive them. The clients believed in the sweet words of the OPs and agreed to buy cash certificates. The clients got monthly interest for some months. After words, they did not care to listen their client’s words. Likewise complainant tried for several time to contact with the OPs. But the OPs did not pay heed to complainant’s words. OP No.1 gave false hope to complainant that he would get his money back along with pending monthly interest. Till the institution of complainant, complainant did not get a single penny from the due amount. Thus the OPs failed to provide service as per their commitment. Further, they were unwilling to pay the pending money. Sahara Credit Cooperative Society Limited, one of the premiere non-banking financial companies is earning money, by befooling the complainant and by depriving the complainant of his legitimate claim. As a result, complainant faced financial loss. In view of the above mentioned circumstances, complainants entitled to get the relief as prayed for. Hence, the 3rd point is settled in favour of complainant.
In the result, the complaint case succeeds.
Hence, it is,
ORDERED
that the complaint case be and the same is allowed on contest with cost of Rs.10,000/- only.
That the OPs jointly or severally are directed to pay Rs.10,000/- @10% interest p.a. to the complainant w.e.f. 30.06.2020 within 60 days from the date of this order.
That the OPs jointly or severally are directed to pay Rs.1000/- (pending monthly interest) @ 10% interest per annum w.e.f. 30.09.2019 to the complainant within the stipulated period of 60 days from the date of this order.
That the OPs jointly or severally are directed to pay compensation to the tune of Rs.20,000/- to the 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.
Let a copy of the order be 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.
(Sangita Paul)
Member
