FINAL ORDER/JUDGMENT
SMT. SUKLA SENGUPTA, PRESIDENT
The complainant Biva Mondal filed this application U/S 12 of C.P. Act, 1986 (As amended up to date).
The fact of the case in a nutshell is that the OP members runs their business of money marketing and real estate at “Sahra Q Shop” Unique Products Range Ltd., Sahara India Bhawanipore, R.O. 8, Dr. Rajendra Road, Kolkata-700020, P.S.-Bhawanipore and the office of the OP-2 situated at Sahara Q Shop Unique Products Range Ltd., Sahra India Bhawan, 1, Kapoorthala Complex, Lucknow-226024. As the office of the OP-2 is situated outside the jurisdiction of this Commission/Forum the complainant obtained permission in writing U/S 11(2)(b) of C.P. Act, 1986 vide order No. 3 dated 16.01.2020. The complainant is residing at 51/1A, Satish Mukherjee Road, P.O.-Kalighat, Kolkata-700026.
It is further stated by the complainant that having been convinced by a local agent of the OP members the complainant deposited a sum of Rs.59850/- only in total to the company of the OP members as fixed deposit on receipt of certificate issued by the OP members under the name and style “Sahara Q Shop”. All the deposits carrying 2.35 times on paid amount on six years of maturity. The date of deposits of under and period of deposits are of six years are as follows:
Sl. Nos. | Customer ID | Issue Date | Certificate Nos. | Principal Amount Rs. | Maturity Date | Maturity Value Rs. |
1. | 815832007823 | 22.05.2012 | 562021223433 | 19,550/- | 22.05.2018 | 46,882/- |
2. | 815832009149 | 25.05.2012 | 562021223444 | 19,550/- | 25.05.2018 | 46,882/- |
3. | 815832010512 | 04.06.2012 | 562021223462 | 19,550/- | 04.06.2018 | 46,882/- |
| Total 59,850/- | Total 1,40,646/- |
The principal amount of each certificate is of Rs.19,950/- dated 22.05.2012, 25.05.2012 and 04.06.2012 and the maturity dates of certificates is of 22.05.2018, 25.05.2018 and 04.06.2018.
Being certificates No. 562021223433, 562021223444 and 562021223462 and the maturity values are of Rs.46882/-, Rs.46882/-, and Rs.46882/-.
It is alleged by the complainant that after maturity he applied for refund of the maturity amount of the three above mentioned certificate vide letter dated 31.07.2019 which has been enclosed herewith along with the petition of complaint at running page no.7 and 8. Thereafter, the petitioner filed an application for mediation with DAD, CCGRC, Kolkata-700087 but in vain. The copy of the memo No. was1216-CA/G dated 17.06.2019 which is enclosed in running page No.9.
It is the case of the complainant that as he deposited his money amounting to Rs.59,850/- only in total in fixed deposit terms under three certificates as issued by the company of the OP members which is vividly described above. The complainant is a consumer under the OP members and the OP members are the service provider but even on repeated request made by the complainant both verbally and in writing the OP members did not refund the maturity value of the aforementioned certificates which caused harassment mental pain and agony to the complainant. The conduct of the OP members are merely a negligence. The cause of action arose on 25.05.2018 and 04.06.2018 when the cash certificates were matured and the OP members denied to refund the maturity value to the complainant.
Hence without having any other option the complaint filed this case before this Forum to give direction to the OP members to refund the maturity value amounting to Rs.1,40,646/- only in total and also to direct the OP members to pay Rs.50,000/- as compensation to the complainant for harassment mental pain and agony along with other reliefs.
The OP members have contested the claim application by filing a WV denying all the material allegations leveled against them. It is the case of the OP members that they have no ill motive or mal intention for not making the payment to the complainant but even after receiving several requests and the legal notice the complainant did not produce the original Sahara certificates, KYC before the OPs for internal process for the purpose of disbursement of payment. Rather the complainant did not come to the office of the OPs along with the original documents for disbursement of payment so question of negligence and deficiency in service on the part of the OP members does not arise at all.
It is case of the OP members that the complainant is not at all a consumer as per provision of CP Act, so the case is liable to be dismissed.
In view of the above stated facts and circumstances, it has to be decided by this Forum:
- Whether the case is maintainable in its present form and in law?
- Is the complainant a consumer?
- Is there any deficiency in service on the part of the OP members.
- Is the complainant entitled to get relief as prayed for?
Decision with reasons
All the points are taken up together for convenience of discussion and to avoid unnecessary repetition.
It is nobody’s case that this Forum has no jurisdiction either pecuniary or territorial to try this case or the case is barred by limitation. It is also nobody’s case that the complainant has/ had no cause of action to file the case in spite of the same as it is the obligation of the Forum to consider the legal position of the matter in all respect so on a close scrutiny of the entire frame of the case it is held by this Forum that the Forum has got the jurisdiction in all respect to try this case and the case is well maintainable in the eye of law.
It is the admitted position that the complainant deposited a sum of Rs.59,850/- to the OP Financial Company (Sahara Q Shop) through one of its agent under three certificates being Customer Id No. 815832007823 dated 22.05.2012 being Certificates No. 562021223433 amounting to Rs.19,950/- maturity dated 22.05.2018 maturity value of Rs.46,882/- only, the second Certificate being Customer Id 815832009149 dated 25.05.2012, Certificate No. 562021223444 amounting to Rs.19,950/- maturity dated 25.05.2018 maturity value of Rs.46,882/- only and third Certificate being Customer id No. 815832010512 dated 04.06.2012 certificate No. 562021223462 amounting to Rs.19,950/- maturity dated 04.06.2018 maturity value of Rs.46,882/- only issued by the OPs under the name and style Sahara Q shop” and the total maturity value of Rs.1,40,646/-.
It is the case of the complainant that till the date of filing of this case i.e. 20.12.2019 the OP members did not hand over the maturity value to the complainant even on repeated requests and application made by him to the OP members as we got it from the running page no.4 to 6, 7, 8 and 9 of the materials submitted by the complainant.
It is also admitted by the OP members in their WV that they did not disburse the maturity amount to the complainant and they made allegation that the complainant did not produce the original certificates, KYC and other documents to the OP members so they could not be able to disburse the amount but without mere oral allegation made in the WV the OP failed to prove the same by producing any documentary evidence.
For that reason this Forum is not in a position to accept the submission of the OP members as made in their WV. Rather from the admission of the OP members it is crystal clear, that even after getting the application from the end of the complainant they neglected to disburse the maturity amount of Rs.1,40,646/- only in total to him even after expiry of the maturity period which means that the complainant being a consumer made appeal to the OP members to disburse his legitimate claim of Rs.1,40,646/- in his favour but the OP members willfully neglected to pay attention to the appeal of the complainant and caused deficiency in service on their part which caused harassment mental pain and agony to the complainant.
Such conduct of the OP members cannot be indulged by this Forum so, in view of the discussions made above this Forum is of view that the complainant being a consumer is entitled to get the maturity value of Rs.1,40,646/- from the OP member who are the service provider to him and the OP members willfully neglected to refund the amount mentioned above and internally caused harassment, mental pain and agony to the complainant which is clearly deficiency in service on their part and they should be compensated for the same.
On the other hand it is opined by this Forum that the complainant could be able to prove his case and is entitled to get the relief as prayed for.
The case is properly stamped.
Thus the case is considered and decided favourably to the complainant.
Hence,
ORDERED
that the case be and the same is allowed on contest with cost against the OP members.
The complainant do get the decree as prayed for.
The OP members are directed to refund the maturity value amounting to Rs.1,40,646/- (Rupees One lakh Forty thousand Six hundred and forty Six) only either jointly or severally to the complainant.
The OP members are further directed to pay of Rs.50,000/- (Rupees Fifty thousand) only as compensation along with interest @9% interest p.a. on the amount either jointly or severally to the complainant from the date of filing of this case till disposal.
The OP members are directed to comply the decree within 45 days from the date of this order i/d the complainant will get further interest @ 6% p.a. on the entire decreetal amount from the date of default till realization.
If the OP members failed to comply the decree within the stipulated period as mentioned above the complainant is at liberty to execute the decree as per law.
Let a copy of this order be handed over to the parties free of cost.
