Content of the complainant petition is that the complainant invested money amount of Rs 2,00,000/- on 05.05.2012 to the Ops Sahara Company within an undertaken by the com-any to return on 05.05.2020 as an amount of Rs 5,22,400/- but on expiry of maturity date this OP disbursed not a single amount to him though repeatedly was requested by the Complainant on going to their office with all of his documents certificates etc. His certificate number is 351002791957, receipt no 80124990069 and account no 16114201104. Hence he approached before this commission for an amount of Rs 5,22,400/-and 1lac for harassment and mental agony and 1 lakh for litigation cost.

OP contested the case on submission 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.

DECISION

In order to substantiate the Complaint complainant examined himself and filed the Xerox copy of documents and certificates of investment, lawyer’s letter and claim petition to the company.

This commission carefully perused the untested testimony of the complainant and unchallenged documents.

Considering all of these documentary and oral evidence this commission is directing the OP company jointly and severally to disburse the Principal amount of Rs 5,22,400/-behind his investment and to pay compensation of Rs 20,000/- for his mental agony and harassment and also to pay Rs 5,000/- behind litigation cost.

HENCE ORDERED

that the complaint petition be and same is allowed with a direction to pay the complainant principal amount of Rs 5,22,400/- in respect of his investment and also compensation of Rs 20,000/- for his mental agony and harassment and Rs 5000/- 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.