11……23.03.2022….
Today is fixed for delivery of judgment/final order.
Final order is ready. It is sealed, signed and delivered in open Forum/Commission.
It is ordered that,
That the complaint be and the same is allowed on contest with cost of Rs.10,000/-.
OPs jointly and severally are directed to refund the amount of Rs.3,18,866/- only with 6% interest p.a. from 11.08.2020 till disposal of the case to complainant within 60 days from the date of this order.
OPs jointly and severally are directed to pay Rs.20,000/- only as compensation for causing mental pain and agony to complainant within 60 days from the date of this order.
OPs jointly and severally are directed to cancel the new scheme started in the name of complainant starting from 29.01.2021.
Let a copy of the order be supplied free of cost to the parties concerned. The final order will be available in the following website www.confonet.in.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO. 54 OF 2021
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
13.04.2021 22.04.2021 23.03.2022
Present : President-in-Charge : Jagdish Chandra Barman
Member : Sangita Paul
COMPLAINANT : Kshitish Sarkar, Son of Nirapada Sarkar
residing at Dwarir Road, Rajpur Sonarpur Municipality, P.O. – Dakhin Jagadal, P.S. – Sonarpur, , District- South 24-parganas,
Pin – 700 151.
Versus
O.P/O.Ps :1. Authorized Signatory of Humara India Credit Cooperative Society Limited
at Mangal Jyoti, 101, 227/2 AJC Bose Road,
Kolkata – 700 020, District-South 24 Parganas.
2. Authorized Signatory of Sahara India Sonarpur Branch (Supriya Goswami)
at Sonarpur Gorkhara, P.O. & P.S. – Sonarpur,
Kolkata – 700 150, District-South 24 Parganas.
Smt. Sangita Paul, Member
This is a case filed by Shri Kshitish Sarkar S/o. Nirapada Sarkar with a direction to the OPs to pay maturity amount of Rs.3,18,866/- only to complainant vide 4 certificates or to cancel the four certificates dated 29.01.2021 and refund the amount of Rs.3,18,866/- to complainant and to pay further sum of compensation of Rs.50,000/- to complainant for suffering from mental pain and agony and to pay 20,000/- to complainant as litigation cost.
OP No.1, i.e. Humara India Credit Cooperative Society Ltd. is situated at Mangal Jyoti, 101, 227/2 AJC Bose Road, Kolkata-700 020.
OP No.2 is the Branch Office of Sahara India, situated at Sonarpur. Authorized signatory is Mr. Supriya Goswami. The Office is situated at Sonarpur Gorkhara, P.O. & P.S. – Sonarpur, Kolkata-700 150, Dist. – South 24 Parganas, OP No.2 is a non-banking company registered under the Companies Act 1956.
Complainant, by filing this case states that being allured and satisfied by representation of said Manager of OP No.2 and relying on terms and conditions, complainant deposited money. OP No.2 gave assurance that complainant would receive he matured amount after due date. Complainant deposited Rs.70,000/- on 11.02.2019 vide Certificate No.925010504695, the date of maturity was 11.08.2020 and the maturity amount was Rs.80,290/-. On the same date i.e. on 11.02.2019, complainant deposited Rs.70,000/- vide certificate No.925010504696, the date of maturity was 11.08.2020 and the maturity-amount was Rs.80290/- On 11.02.2019, complainant again deposited Rs.70,000/- vide certificate No.925010504697, the maturity amount was Rs.80290/- On 11.02.2019, complainant deposited Rs.68,000/- vide certificate No.9250104698, the date of maturity was 11.08.2020 and the maturity-amount was Rs.77,896/-. Altogether complainant deposited Rs.2,78,000/- only through four cash certificates. Complainant is entitled to get Rs.3,18,866/- on maturity. In this regard, complainant did not receive any monthly interest.
That after maturity of all the four certificates, complainant visited the office of the OP No.2 and asked for the payment of the amount payable on maturity being the total amount of Rs.3,18,866/-. OP No.2 assured complainant that he would get the payment very soon. The matured amount would be disbursed to complainant within very short period of time. But the reality is somewhat different. Not a single penny was transferred to the complainant’s account.
Therefore OP No.2 i.e. Mr. Supriya Goswami, Authorized signatory of Sahara India, Sonarpur Branch, called complainant to visit their office. Complainant reached the office of OP No.2 on 14.08.2020. Complainant was asked by OP No.2 to sign on original certificates and in their register for payment of maturity amount. After signing, the original documents were kept in the custody of OP No.2. Complainant was eager to get the matured amount. So complainant followed the instruction of OP No.2. Complainant visited the office of OP No.2 for several times. Complainant was told that it will take some time to get the approval of Head Office. Thus OP No.2 started harassing complainant by deferring the dates on various pleas one after another and ultimately the OPs did not pay the money to complainant though he was entitled to get the same.
In the month of March, 2021 complainant was informed by OP No.2 that the payment of Rs.3,18,866/- was not possible at that point of time. So all his four certificates were revalidated as follows :
It was stated in the new form that complainant deposited Rs.80,000/- on 29.01.2021 vide certificate No.697000840959, the date of maturity being 29.01.2026 and the amount on maturity will be the same i.e. Rs.80,000/-. Again complainant deposited Rs.82,000/- on 29.01.2021 vide certificate No.697000840960 the date of maturity being 29.01.2026 and the amount on maturity will be Rs.82,000/- on the same date i.e. on 29.01.2026. Complainant deposited another Rs.82,000/- vide certificate No.697000840961, the date of maturity being 29.01.2026 and the maturity amount will be Rs.82,000/- only. On 29.01.2021, complainant deposited Rs.82,000/- vide certificate No.697000840962, the date of maturity being 29.01.2026 and the amount on maturity will be Rs.82,000/-. In total, the deposited amount and the amount on maturity would remain the same.
Complainant protested and stated that the OPs could not do that without consent of the complainant. Complainant wanted money back. He did not want to continue with the certificates. Such act and malpractice of OP No.2 is unfair trade practice and deficiency in service. Hence, complainant filed this case. The cause of action for the case arouse on March, 2021 and the cause of action is still continuing.
Hence, complainant prays for a direction to the OPs to pay matured amount of 3,18,866/- to complainant. These 4 certificates dated 20.01.2021 (Certificate Nos.697000840959, 697000840960, 697000840961 and 697000840962) or to cancel those 4 certificates (Certificate Nos. 697000840959, 697000840960, 697000840961 and 697000840962) dated 20.01.2021 and refund the amount of Rs.3,18,866/- to complainant, to pay a further sum of compensation of Rs.50,000/- to complainant for suffering from mental pain and agony and to pay a sum of Rs.20,000/- to complainant as cost of litigation.
Notices were sent to the OPs 1, 2 and 3. Notices were served upon OPs No.1 and 2. No S/R is received in respect of OP No.3. On 29.09.2021 complainant stated that he would take step for expunging the name of OP No.3 on 18.10.2021. The name of OP No.3 was expunged on prayer of complainant. Complainant files amended complaint on 03.12.2021. The names of OPs No.1 and 2 were expunged and the case proceeded exparte against the OPs. On 07.03.2022. 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 ?
- 03. Is the complainant entitled to get relief as prayed for ?
Decision with reasons :-
On perusal of existing records and documents, it appears that complainant deposited Rs.3,18,866/- only through four cash certificates of Sahara Credit & Cooperative Society Limited. Complainant purchased the cash certificates on the same date, i.e. on 11.02.2019. Complainant deposited Rs.70,000/- vide certificate No.925010504695. The date of maturity is also same in all the 4 cash certificates. Complainant was entitled to get the maturity-amount of Rs.80290/- against cash certificate being number 925010504695. Complainant also deposited Rs.70,000/- vide certificate No.925010504696. Complainant was entitled to get Rs.80,290/- on 11.08.2020. Complainant also deposited another 70,000/- on the same date i.e. on 11.02.2019 vide certificate No.925010504697. Complainant was entitled to get Rs.80,290/- on 11.08.2020. Complainant deposited Rs.68,000/- vide certificate No.925010504698. Complainant was to get Rs.77,996/- on 11.08.2020. As complainant invested Rs.3,18,866/-. Complainant is a consumer. So, the 1st point is settled in favour of complainant.
2. Complainant was entitled to get Rs.3,18,866/- on 11.08.2020. Because Rs.3,18,866/- is the amount payable to complainant upon maturity of four cash certificates. Complainant invested Rs.2,78,000/- only on 11.02.2019. Complainant invested the money having assured by the presentations of OP No.2. Complainant invested the money for one and half year. He invested his hard earned money with a hope of extending it. The OP No.2 assured that there was no chance of losing the money. Complainant would get the money with interest. After the date of maturity, complainant visited the office of OP No.2. Complainant visited the Office of OP No.2 on 14.08.2020. Complainant was told to sign on the original certificates. Complainant also signed on the register of the OPs. OPs kept the original certificates from complainant and did not disburse the amount of Rs.3,18,866/-. On the contrary the OPs revalidated the certificates and the amount was fixed for another 5 years i.e. from 29.01.2021 to 29.01.2026. Complainant was in dire need of money. He was not willing to invest the amount. But the amount was invested for 5 years. Complainant could not use his money. The OPs did not take consent of complainant. It appears that the OPs are deficient in rendering service. They did not feel it important to return complainant’s money. He badly needed the money. But the OPs did not pay heed to complainant’s request. OPS are guilty of unfair Trade practice. So the point is settled in favour of complainant.
3. Complainant is harassed by the OPs repeatedly. From the very beginning, OPs had an intention to grab complainant’s money. It is nothing but the mal-practice adopted by the OP by holding complainant’s money for indefinite period of time. Complainant deposited the money for a certain period of time. Rs.2,78,000/- was deposited by complainant through four cash certificates. Complainant was supposed to get the deposited amount on 11.08.2020, along with interest. But at the time of maturity, complainant failed to get it. His hope of getting the money was totally shattered. At the time of maturity, complainant went to the office of OP No.2. As per instruction, he signed on the original certificates and register of the company. Afterwards his money was revalidated, it was deposited to another scheme. The tenure of that scheme is 5-years. There was no sureity of getting the money back. As the OPs were unable to disburse the amount, it was revalidated to another scheme. It is nothing but depriving complainant of getting his legitimate return. It proves deficiency in service and unfair trade practice adopted by the OPs. Hence, complainant is entitled to get compensation as prayed for.
In the result, complaint succeeds.
Hence,
ORDERED
That the complaint be and the same is allowed on contest with cost of Rs.10000/-.
OPs jointly and severally are directed to refund the amount of Rs.3,18,866/- only with 6% interest p.a. from 11.08.2020 till disposal of the case to complainant within 60 days from the date of this order.
OPs jointly and severally are directed to pay Rs.20,000/- only as compensation for causing mental pain and agony to complainant within 60 days from the date of this order.
OPs jointly and severally are directed to cancel the new scheme started in the name of complainant starting from 29.01.2021.
Let a copy of the order be supplied free of cost to the parties concerned. The final order will be available in the following website www.confonet.in.
Dictated and corrected by me
Sangita Paul
Member
