Content of the complaint is that complainant invested money to the Ops- Sahara Company amounting of Rs 50,000/- on 04.12.2019 under account no 16117801319 with assurance by the company that he would get 54,250/- after 12 months on 04.12.2020. But after the date of maturity this complainant repeatedly went to the office of the company when they did not hand over any amount or give any maturity value. Hence he approached before this commission for unfair trade practice by the OP Company and deficiency of service. He claimed principal amount as 54,250/- and for mental agony Rs 1,00,000/- , litigation cost Rs 30,000/-.

OPs – company contested the application and made a written version that they are willing to pay but due to embargo by the apex court unable to pay. Apart from that complainant did not produce KYC documents and original certificate of investment. Moreover this complainant is not consumer. The relation in between them is as debtor and creditor and the transaction between them as commercial or financial transaction. So the remedy is The Civil Court not this Commission. Due to the dispute with company and SEBI, this delay in payment arises. Finally due to the embargo in apex court, the company cannot dispose their asset and could not pay the investors. They have no fault at all.

In order to prove the contention under petition complainant examined himself and filed a Xerox copy of investment and a sheet of account number.

DECISION

This commission carefully perused the record and perused the Xerox copy of documents behind the contention of the complainant.

Considering all of these documentary and oral evidence this commission is directing the Ops i.e Sahara Company jointly and severally to disburse the amount of Rs 54,250/- to the complainant within forty five days (45) from the date of this order along with 6% interest per annum on the maturity amount of Rs 54,250/- since 04.12.2020 to onwards up to payment. This aforesaid given interest is being allotted to the complainant for his mental agony and harassment. Complainant is further entitled to get litigation cost at the tune of Rs 2,000/-

Hence ordered

that the complaint petition be and same is allowed with a direction to pay the complainant principal amount of Rs 54,250/- in respect of his investment and also compensation of Rs 5,000/- for his mental agony and harassment and Rs 2,000/- as litigation cost jointly and severally within forty five (45) days from the date of this order failing which it will carry interest @6% P.A. till recovery.

Let a copy of this judgment be given to the Complainant/ O.Ps free of cost on proper application.