Smt. Sangita Paul, Member
This is a case filed by Shri Debasish Das S/o. Swapan Das of Village – Chowhati, Pramod Nagar, P.O.. – Chowhati, P.S. – Sonarpur, Dist.-24Pgs(South), Kolkata – 700 149 against authorized signatory of Saharayn Universal Multipurpose Society Limited, Rajpur, F.C. 1800 (6992) Sector & Region – Sonarpur, Kolkata – 700 149 and authorized signatory of Saharayn Universal Multipurpose Society Limited, Registered Office 195 Zone-1 Bhopal, Madhya Pradesh – 462011 with a prayer for a direction upon the OPs to pay the maturity amount of Rs.35,825/- along with 10% interest for delayed payment to the complainant and to pay a further sum of compensation of Rs.15,000/- to the complainant for his suffering from mental pain and agony.
OP No.1 is authorized signatory of Saharayn Universal Multipurpose Society Limited Rajpur F.C.1800 (6992) Sector and Region-Sonarpur at Nabin Nibas Gajipur, N.S. Bose Road, P.O. – Rajpur, P.S. – Sonarpur, Kolkata – 700 149.
OP No.2 is authorized signatory of Saharayn Universal Multipurpose Society Limited. The registered office is at 195 Zone. In front of D.B Mall. M.P. Nagar, Bhopal, Madhya Pradesh- 462 001.
The complainant by filing this case states that being satisfied and allured by the representation of said Manager of OP No.1 and relying of terms and conditions the complainant has deposited money of Rs.14,000/- vide certificate No.467000889120, Membership no.969927000261, receipt No.34024443355 Dated 5.12.2017. On assurance to receive the matured amount of Rs.35,825/- after 36 months as Super B.B. w.e.f 10.10.2017, complainant deposited the aforesaid amount. After maturity of the said certificate the complainant went to the office of OP No.1 and asked for payment payable on maturity. And OP No.1 assured for payment to the complainant very soon.
The complainant visited the office of OP No.1. But they started harassing the complainant by deferring the dates of payment on various pleas one after another and ultimately the OPs did not pay to the complainant as entitled to. That such acts of the OPs are serious unfair trade practice and deficiency in service. The complainant also filed a complainant before the Assistant Director, Consumer Affairs and Fair Business Practice, 24 Pgs (South). OPs did not solve the matter through mediation. 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 of this case arose on 05.12.2020 i.e. the date of maturity of the said certificates. Complainant did not get the matured amount and it is still continuing.
Hence, complainant prays for a direction upon the OPs to pay the maturity amount of Rs.35,825/- with 10% interest for delaying the payment to the complainant and to pay further sum of compensation of Rs.15,000/- to the complainant by the OPs for his suffering from mental pain and agony.
The case was filed on 15.03.2022 and case was admitted on 23.03.2022. Complainant and OP No.1 appeared. OP No.1 prays for time for filing W/V. On 01.06.2022 complainant appeared but the OPs 1 & 2 did not appear. The case proceeded exparte against OPs 1 & 2. On 06.07.2022 OP No.1’s prays for vacating the exparte order is rejected. On 16.08.2022 Ld. Lawyer of the complainant is present and files BNA. Argument was heard 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 :-
Point No.1:-
On perusal of records and documents, it appears that the complainant was attracted by the lively representation of Manager of OP No.1 of Kolkata – 700 020, he deposited Rs.14,000/- being Certificate no.467000889120, Membership No.969927000261 Receipt No.34024443355 Dated 05.12.2017, the complainant deposited the money under Super B.B. Scheme. The complainant made payment and the money receipt was issued to that effect. The complainant was told if the money would be kept for 36 months w.e.f 05.12.2017 he would be benefited a lot and he would get Rs.35,825/-. After getting all these assurances complainant deposited the money. In reality complainant did not get his return. As the complainant paid Rs.14,000/- for Super B.B. Scheme, he is a consumer Under Section 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:-
Complainant deposited Rs.14,000/- for Super B.B. Scheme. The representation made by Op No.1 was a vague one. Complainant was issued money receipt against the amount of Rs.14,000/-. He was told that he would get maximum benefit of Rs.35,825/-. The Super B.B. Scheme would be matured after 36 months. After three years i.e after 05.12.2020, complainant visited the office of OP No.1. The picture was totally 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 but the OPs delayed in refunding the aforesaid payment. At the time of investment the OPs showed various benefits of the amount of Rs.14,000/-. 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.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 was the advance amount refunded. Though it was the legitimate claim of the complainant the complainant did not get anything. 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. Complainant got no return of his invested amount. 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 OPs.
Point No:3:-
The complainant deposited Rs.14,000/- only. He invested money for Super B.B. Scheme. Complainant was supposed to get the maximum benefit of Rs.35,825/- on 10.10.2020. He paid the money on 05.12.2017. After the date of maturity complainant was supposed to get the matured amount. But 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 clients believe in the sweet words of the OPs and agreed to give advance for Super B.B. Scheme. The complainant was issued money receipts 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 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.35,825/- on 05.12.2020. Complainant thought that it would be a profitable deal and agreed to invest Rs.14,000/-. After the date of 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 tried to escape from their liabilities. It is the contractual obligation of the OPs to pay the amount of Rs.35,825/- 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.35,825/-. The problem remained the same due to negligent act of the OPs. The complainant spends time in mental agony. Saharayn Universal Multipurpose Society one of the premiere non-banking financial institutions is amassing the wealth by befooling the innocent clients like complainant. The OPs are unwilling to provide service as per their commitment. In view of the above mentioned discussion, 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.
Fees paid are 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/-(Rupees twenty thousand) only.
That the OPs 1 & 2 jointly or severally are liable and directed to pay the amount of Rs.35,825/- (Rupees thirty five thousand eight hundred and twenty five) with simple interest @10% per annum to the complainant w.e.f. 05.12.2020 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 of Rs.15,000/- (Rupees fifteen thousand) to the complainant for mental pain, agony and harassment caused to 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 the stipulated period of 60 days.
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
