District Consumer Disputes Redressal Commission, Hooghly
CC OF 2021
PETITIONER
VS.
OPPOSITE PARTY
Complaint Case No.CC/62/2020
(Date of Filing:-09.10.2020)
- Sri Ajit Kumar Singh and 2) Smt. Sita Singh, both residing at
Flat No. D/2-308, Second Floor, Subhas Nagar Housing Complex
161/H, Mahesh Jannagar Road, P.O.-Prabasnagar, P.S. Serampore,
District:- Hooghly, Pin:- 712249. ……………..Complainant
- M/S Sahara Credit Co-operative Society Limited
Sahara India Bhawan, 1, Kapurthala Complex, Aliganj, Lucknow-226024
- M/S Humara India Credit Cooperative Society Limited
Mangal Jyoti,101, 227/2, AJC Bose Road, Kolkata-700020.
- The Zonal Manager of M/S Sahara India Co-operative Society Ltd. &
M/S Humara India Credit Cooperative Society Ltd.
2A, Shakespeare Sarani, Kolkata-700071
- The Regional Manager of M/S Sahara India Cooperative Society Ltd. and
M/S Humara India Cooperative Credit Society Ltd., having its Regional Office at 392, G.T. Road, Bataitala, Shibpur, Howrah-711102
- The Sector Manager of M/S Sahara India Cooperative Society Ltd. and Humara India Credit Cooperative Society Ltd. having its sector office at G.T.Road, Champdani, District-Hooghly, Pin- 712222
- Mr. Omprakash Chowdhury, Franchise Head/Guardian of
M/S Sahara India Cooperative Society Ltd. and Humara India credit Cooperative Society Ltd., having its Franchise office at Shop Room No.-154, First Floor of Sahid Gopi Nath Saha Market, P.O. and P.S. Serampore, District-Hooghly, 712201. ……………………..Opposite Parties
Mr. Debasish Bandyopadhyay, President
Mrs. Minakshi Chakraborty, Member
Mr. Debasis Bhattacharya, Member
-
Final Order/Judgment
Debasis Bhattacharya:- PRESIDING MEMBER
Having been deceived by the opposite parties as mentioned above, in the matter of investment of certain amounts and corresponding return of maturity amounts, the instant case has been filed by the complainant, u/s 35 of the Consumer Protection Act 2019.
The backdrop of the case in a nutshell is as follows.
On different dates, during the period from 07.06.2011 to 13.05.2017, the complainant invested different amounts against five account nos. and five certificates under a particular investment scheme with the opposite parties, which appear to be two private investment companies having same zonal office, same regional office, same sector office and same franchise office. The total investment thus made amounted to Rs.3,44,714/- the maturity amount of which was supposed to be Rs.5,83,416/-.
However, in view of the marriage ceremony of the complainant’s daughter scheduled to be held on 04.06.2019, the complainant initially approached to the Franchise office of Serampore by writing a letter dtd.18.04.2019 for return of the ‘maturity/pre-maturity’ amount.
On 20.04.2019, a copy of the said letter was sent to the Regional office and on 21.04.2019 to the Sector office. However all those requests were left unheeded by the respective office heads. Subsequently, on 15.05.2019 the same request was made to the Zonal Manager of those two organizations. But all these efforts proved to be exercise in utter futility.
The complainants claim to have visited several offices of the opposite parties frantically to get back the maturity amount but the same did not yield any result.
Eventually the complainants sent a legal notice to the opposite parties in this regard which also was cared a fig by the opposite parties.
Now the complainants approaches to this forum with a prayer for passing directions to the opposite parties to pay the maturity proceeds of the invested amounts with interest @18% per annum from the respective date of maturity, Rs.5,00,000/- for mental pain and agony Rs.5,00,000/- for ‘monetary losses’ and Rs.20,000/- towards litigation cost.
At the very outset, it should be pointed out that in view of the above discussion and on examination of available records it transpires that the complainant is a consumer as far as the provisions laid down under Section 2(7) of the Consumer Protection Act 2019 are concerned.
The complainants and two wings of the opposite parties are resident/having their office address within the district of Hooghly and the claim preferred by the complainant does not exceed the limit of Rs.20,00,000/- .Thus, this Commission has territorial as well as pecuniary jurisdiction to proceed in the instant case.
Materials on records are perused.
In spite of proper service of notices, and newspaper publication where it was necessary, none of the opposition parties made their appearance before this Commission even on a single occasion. Thus the case finally ran ex parte against all the opposite parties. The case was fixed for ex parte argument on 17.10.2022.
The complainant was found ready and evidence on affidavit, corresponding documents and brief notes of argument were filed by them. Argument was heard in full.
The complainant in support of the allegation leveled against the opposite parties, has submitted certain documents viz. photocopies of 1) investment certificates, 2) evidence of service of notices and 3) copy of the legal notice sent to the opposite parties.
On careful examination of all the aspects of the case, this Commission is of the view that there was deficiency of service and grossly unfair trade practice which is as good as cheating.
Hence it is
ORDERED
That the complainant case no. 62/2020 be and the same succeeds on contest but in part.
The opposite parties will be jointly liable to pay the complainant, the entire maturity proceeds of the investments of Rs. 3,44,714/- which actually amounts to Rs. 5,83,416/-, with interest @9% from the respective dates of maturity. Besides, the opposite parties will also pay Rs. 1,00,000/- to the complainants as compensation for mental agony and harassment and Rs.10,000/- for litigation cost within sixty days from the date of this order.
In the event of failure to comply with this order the opposite party no.1 will pay cost of Rs. 20,000/- by depositing the same in the Consumer Legal Aid account. The complainant also will be at liberty to take legal action for execution of this order.
Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/sent by ordinary post for information and necessary action.
The final order will be available in the website www.confonet.nic.in
