Smt. Sangita Paul, Member
This is a case filed by Shri Avijit Mondal, S/o Subodh Kumar Mondal, of Surya Sen Block, P.O. – Chowhati, Srinagar, P.S. – Sonarpur, Kolkata – 700 149 against authorized signatory of Saharayn Universal Multipurpose Society Ltd and authorized signatory of Saharayn Universal Multipurpose Society Ltd with a prayer to pay the maturity amount of Rs.97,563/- with 10 % interest for delayed payment to the complainant, to pay a further sum of compensation of Rs.30,000/- to the complainant by the OPs for his suffering from mental pain and agony, to pay a sum of Rs.20,000/- to the complainant as cost of litigation.
OP No.1 is authorized signatory Saharayn Universal Multipurpose Society Ltd. The address is Sonarpur Sector (1588). Sector & Region – Sonarpur, Sahara India, Sonarpur Gorekhara Padma Market, 2nd Floor, P.O. & P.S. – Sonarpur, Kolkata – 700 150.
OP No.2 is authorized signatory of Saharayn Universal Multipurpose Society Ltd. The address is Regd. Office – 195, Zone-I, in front of D.B. Mall, M.P. Nagar, Bhopal, Madhya Pradesh – 462 -011.
The complainant, by filing this case states that being satisfied and allured by the manager of OP No.1 and relying on the terms and conditions, the complainant has deposited an amount of Rs.48700/- on 15.03.2018 by purchasing five Super B.B. Certificates. The complainant was assured to receive the total matured amount of Rs.97,563/- on 15.03.2021. The complainant deposited Rs.14,500/- on 15.03.2018 through Super B B Scheme being Certificate No.467001645544, the date of maturity is 15.03.2021 and the maturity amount is Rs.27,360/-. On 15.03.2018, the complainant deposited Rs.7,900/- through Super BB Scheme, being Certificate No.467001645545, the date of maturity being 15.03.2021 and the maturity amount is Rs.17,211/-. On the same date, i.e. on 15.03.2018, the complainant deposited Rs.5,900/- through Super B B Scheme, being Certificate No.467001645546, the date of maturity of the scheme is 15.03.2021 and the amount of maturity will be Rs.12,844/-. Again on 15.03.2018, the complainant deposited Rs.5,900/- through Super B B Scheme, being he Certificate No.467001645547, the date of maturity being 15.03.2021 and the complainant would get an amount of Rs.12,788/- on maturity. Lastly on 15.03.2018, the complainant deposited Rs.14,500/- through Super B B Scheme being certificate No.467001645548, the maturity date being 15.03.2021 and the complainant would get an amount Rs.27,360/- on maturity. Altogether the complainant deposited Rs.48,700/- through 5 Super B B Certificates and he would get Rs.97,563/- on maturity.
After the expiry of the date of maturity, the complainant went to the office of OP No.1 and asked for payment payable on maturity. OP No.1 assured that the complainant would get the payable amount very soon.
Thereafter, the complainant visited the Office of the OP No.1, but they started harassing the complainant by deferring the dates of payment on various pleas. Ultimately the OPs did not pay to the complainant which he is entitled to get. The complainant lodged a complaint before CA & FBP South 24 Parganas, but the OP did not solve the matter through mediation. So the mediation failed.
That the cause of action arose on 15.03.2021 i.e. the maturity date of the said certificates. The complainant did not get the amount on maturity. So the cause of action is continuing day by day. Hence, the complainant prays for directing the OPs the maturity amount of Rs.97,563/- with 10% interest for delayed payment to the complainant, to pay a further sum of compensation of Rs.30,000/- to the complainant for his suffering from mental pain and agony, to pay a sum of Rs.20,000/- to the complainant as the cost of litigation.
That the case was filed on 25.03.2022. The case was admitted on 11.04.2022. Notice was sent to the OPs, but no W/V was filed by the OPs 1 and 2. Hence, the case proceeded exparte against the OPs 1 and 2. Argument of complainant was heard on 05.09.2022. And accordingly, 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 adopted upon the complainant?
03.Is the complainant entitled to get relief as prayed for?
Decision with Reasons :-
- On perusal of records and documents, it appears that, the complainant being allured by the lively representation of the Manager of OP No.1 of Sonarpur, Kolkata-700150 deposited Rs.14,500/- being certificate No.467001645544 on 15.03.2018 the maturity date of the certificate is 15.03.2021. The complainant would get Rs.27,350/- on maturity. The complainant deposited Rs.7,900/- on 15.03.2018 being certificate No:467001645545, the date of maturity is 15.03.2021 and the maturity amount is Rs.17,211/-. Again on 15.03.2018, the complainant deposited Rs.5,900/- being certificate No:467001645546, the date of maturity is 15.03.2021 and the maturity amount is Rs.12844/-. On 15.03.2018, the complainant deposited Rs.5900/- being certificate No:467001645547, the date of maturity being 15.03.2021 and the maturity amount would be Rs.12788/-. Lastly, the complainant deposited Rs.14500/- on 15.03.2018 being certificate No.467001645548, the date of maturity being 15.03.2021 and the amount on maturity would be Rs.27,360/-. After getting the assurance the complainant deposited money. Altogether he deposited Rs.48,700/- through super B.B. Scheme. Hence, it is proved that the complainant is a consumer under section 2 (7) of Consumer Protection Act, 2019. So, the first point is decided in favour of the complainant.
- The complainant deposited Rs.48,700/- through five certificates under Super B.B. Scheme. The complainant was issued money receipt against each deposit. The complainant was supposed to get Rs.97,563/- on maturity through five cash certificates of Super B. B. Scheme. The Super B.B. Scheme would be matured after 36 months. The complainant deposited money on 15.03.2018 after 3 years i.e. after 15.03.2021 the complainant visited the office of the OP No.1. The picture was utterly disappointing. The complainant was deprived of getting the fruitful return. The complainant showed the money receipt. The OP No.1 admitted the Statement of Payment and informed that the payment would be made very soon. But the OPs delayed in refunding the aforesaid payment. At the time of investment, the OPs showed various benefits of the said Super B.B. Scheme. After the date of maturity, they did not pay. The complainant visited 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 the complainant unlawfully. Neither he got any benefit, nor the invested amount was refunded. Though it was the legitimate claim of the complainant, the complainant did not get a single farthing. 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. The complainant got no return of his invested amount. The complainant invested the money for 3 years 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 the innocent clients. The OPs have no plan to return the complainant’s money. The complainant suffered miserably due to deficiency in service adopted by the OPs. Hence, the 2nd point is decided in favour of the complainant and against the OPs.
- The complainant deposited Rs.48,700/- through 5 cash certificates. He invested money for Super B. B. Scheme. The complainant was supposed to get the maximum benefit of Rs.97563/- on 15.03.2021. The date of purchase of 5 cash certificates was 15.03.2018. After the date of maturity, the complainant was supposed to get the matured amount. But in reality the complainant failed to get the said amount. The OPs tried their best for capturing the innocent clients and to deprive them like the complainant. The client’s believed in the sweet words of the OPs and agreed to invest for Super B. B. Scheme. The complainant issued money receipt against the advanced payment. Afterwards the OPs did not care to listen to the client’s words. The 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 the maximum benefit of Rs.97,563/- on 15.03.2021. The complainant thought that it would be a profitable deal and agreed to invest Rs.48700/-. After the date of maturity the complainant did not get a single penny from the OPs. It appears that the OPs failed provide service as per their commitment. The OPs tried to escape from their liabilities. It is contractual obligation of the OPs to pay the amount of Rs.97,563/- to the complainant. The OPS also issued money receipts against the invested amount. The OP No.1 could not provide service to the complainant by disbursing the amount of Rs.97,563/-. The problem remained the same due to negligent act of the OPs. The complainant spent sleepless nights In mental pain and agony. Saharayn Universal Multipurpose Society Limited one of the non-banking financial institutions is amassing the 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 discussions, it appears that the complainant is entitled to get the relief as prayed for. Hence the 3rd point is decided in favour of the 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 exparte against the OPs with cost of Rs.20,000/- (Rupees twenty thousand).
That the OPs1 and 2 jointly or severally are liable and directed to pay the amount of Rs.97,563/- (Rupees ninety seven thousand, five hundred and sixty three) with simple interest @10% per annum to the complainant with effect from 15.03.2021 till realization within 60 days from the date of this order.
That the OPs 1 & 2 jointly or severally are liable and directed to pay compensation to the tune to Rs.40,000/- (Rupees forty thousand) to the complainant for mental pain, agony and harassment caused to the complainant within 60 days from the date of this order.
That the cost of litigation of Rs.20,000/- (Rupees twenty thousand) is to be paid 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 from the date of this order.
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
