Final Order / Judgement

Date of Filing             :    17 March, 2020.

Date of Judgement    :    16 August, 2023.

Mr.  Dhiraj Kumar Dey,  Hon’ble Member.

            This case arises when Sri Dipankar Naskar, hereinafter called the Complainant, filed a complaint under Section 12 of the Consumer Protection Act, 1986, herein after called the said Act, against (1) M/s. Sahara Credit Cooperative Society Ltd.,  hereinafter called the Opposite Party or OP, alleging deficiency in service occurred from the part of the OP arising out of non-payment of maturity amount by the OP company.

            The facts, as stated in the complaint and emerged from the documents attached with it, are that the Complainant deposited Rs.46,800/- in the ‘Sahara M Benefit’ Scheme, hereinafter called the said scheme, having account no. 66204200643. This account was opened on 31/03/2012 and the date of maturity was fixed on 31/03/2017 and the maturity amount was written as Rs.77,820/-.  Complainant alleged that after the maturity date he went to the branch office of the OP to receive the maturity amount on 04/04/2017 and again on 29/12/2017 but the OP failed to pay the maturity amount. His continuous efforts to get back the maturity remained fruitless and ultimately he filed the instant complaint before this Forum/Commission praying to direct the OP (i) to pay the maturity amount of Rs.77,820/-  and  (ii)  to pay cost of Rs.10,000/- for causing physical and mental harassment and Rs.5,000/- for litigation cost.

            Complainant filed copies of (i) Identity Card bearing no. MXF3606449 issued by the Election Commission of India  and (ii) two pages of Pass Book bearing No. 3710 05818250 and (iii)  three receipts for payments issued by the OP company as annexure to the complaint petition.

             Case records reveal that the instant complaint was filed before this Forum/Commission on 17/03/2020.  But due to country-wide spread of COVID-19 from the end of March. 2020 admission of this complaint case deferred and as per Section 36(3) of the C. P. Act, 2019 it has been deemed admitted on 04/09/2020.  After admition in this manner notice has been served upon OP.  OP appeared and filed their written version.  Complainant then filed his evidence on affidavit.  OP did not file any questionnaire, nor they had filed any evidence on affidavit and the case proceeded for argument.  Complainant then filed his Brief Notes of Argument and argument was heard in full. We have now come to the position to deliver the Final Order in this case.  We have to decide whether the OP is deficient in rendering proper service to the complainant for which he is entitled to get relief as prayed for.  Original receipts and other documents issued by the OP company are taken into consideration.

DECISION WITH REASONS

            The factual matrix of the case as emerged from the complaint and the annexed documents is that the complainant had opened an account in the Scheme named and styled as SAHARA M. BENEFIT Scheme of M/s. SAHARA CREDIT COOPERATIVE SOCIETY LIMITED, the OP as stated herein above and the company issued a Pass Book bearing No. 3710 05818250, and the allotted account no. is 66204200643.  The membership no. is allotted as 66201200490.  The date of opening this account was 31/03/2012 and the maturity date was fixed at 31/03/2017, i. e. the scheme was for 60 months and the mode of payment was fixed in yearly instalment.  Complainant’s annexed documents state that he paid three instalments of Rs.15,600/- each on 31/03/2012, 25/03/2013 & 19/05/2014.  Concerned receiving office of the OP company issued receipts bearing nos. 08015 2385496, 080 272521939 and 080 395547294 respectively for these payments.  Complainant stated that after maturity of the scheme the OP company failed to make payment the maturity amount.  However, complainant stated  that he had deposited Rs.46,800/- in three instalments each of Rs.15,600/-, but he has not stated why he has paid only three instalments where he had to pay five instalments according to the scheme. We have not found any document wherefrom we can ascertain that the maturity amount would be Rs.77,820/- as claimed by the complainant.

            In their written version the OP company stated that they had no ill motive or malafide intention for not making the payment.  They were unable to make payment since there was an embargo order passed by the Hon’ble Supreme Court.  But the OP company has not filed any document in support of their claim for non-payment.  It is also stated in their written version that the OP failed to make payment of the maturity amount as the complainant failed to produce original Sahara Certificate and KYC before the OP company for processing and disbursement.  It is also stated in their written version that the complainant is not a Consumer as defined the C. P. Act, 1986 as this is a commercial/financial transaction and his grievance should be redressed in Civil Court, not in a Consumer Forum, hence the complaint is liable to be dismissed.

            There is an array of judgements where it is stated that when a person availed a service of a bank or a non-banking financial company (NBFC) for a consideration then the person can be called as a Consumer under the Act to that bank or NBFC.  Here the bank or the NBFC is the Service Provider as defined in the Act whose service is availed by the Consumer.  So, a Consumer Forum/Commission has the jurisdiction to try a financial transaction like this case.  Complainant deposited his hard earned money with a hope to get return with higher amount from the OP company who was running their business with such offers.  So question of commercial transaction does not arise.  Complainant stated that he visited the office of the OP company repeatedly to get back the maturity amount but failed. Whether the OP company had issued notice to the complainant after the date of maturity to follow withdrawal procedure or not is not clear as the OP company did not annexe any document in this matter, nor the complainant had stated in his complaint, as well as in evidence on affidavit and B.N.A.

            However, it is a fact that the complainant has not received the maturity amount for which he has come before this Forum/Commission and the OP company is deficient in providing proper service as they have not returned the maturity amount.  So, the complainant is entitled to claim the maturity amount and the OP company is liable to refund the maturity amount.  The OP company is liable to compensate for their deficiency in service and the complainant is entitled to get relief by way of compensation.  Complainant claimed Rs.10,000/- as compensation which,  we think is justified.  He also entitled to get Rs.5,000/- as litigation cost as he is compelled to knock at the door of this Forum/Commission to get relief with the help of this Forum/Commission.

            Hence,

                                        it is

ORDERED

            That the complaint Case bearing No. CC/121/2020 is allowed on contest against Opposite Party.

            The Opposite Party is directed to pay the complainant the maturity amount as per the norm of the scheme within 60 days from the date of this order.  They are also directed to pay Rs.10,000/- as compensation and Rs.5,000/- as litigation cost to the complainant within this aforementioned time failing which the entire sum shall carry 9% simple interest per annum till full and final realisation. 

Dictated and corrected by me

            Member.