FINAL ORDER/JUDGMENT      

SMT. SUKLA SENGUPTA, PRESIDENT

The complainant has filed the petition of complaint U/s 35 of the CP Act,  2019 against the OP Sahara Credit Co-operative Society Ltd. and Ors.

The fact of the case in brief is that both the complainant and the OP members are residing and running their business within the jurisdiction of this commission. It is further stated by the complainant that she deposited a sum of Rs. 50,000/- only with the Sahara Credit Co operative Ltd., Sahara India Pariwar, Topsia Service Centre being OP-1 on 05.07.2011 for a period of 96 months, deposited against account Nos. (a) 24673700764, (b) 24673700765, (c) 2467370066 ,   Rs. 16,000/- deposited in account No. 24673700764, the maturity date of which is 05.07.2019 and the maturity amount is of Rs.  36,224/-, Rs. 17,000/- deposited in account No. 2467370066, the maturity date of which is 05.07.2019 and the maturity amount is of Rs.  38,488/-, and deposited Rs. 17,000/- in account No. 2467370066, the maturity date of which is 05.07.2019 and the maturity amount is of Rs.  38,488/-.  All three certificates have been brought in evidence as annexure ‘P-1’.

All are under the scheme of Sahara Capitally/Shine and were opened on 05.07.2011. The complainant obtained three certificates against such deposits  money in Sahara E Sign Scheme. It is further case of the complainant that she deposited the money on good faith that she will get her  maturity amount  against three certificates as mentioned above approximately amounting to Rs. 1,13,200/- only on 05.07.2019 but on the date of maturity even after maturity the OP members did not hand over the money to the complainant even on repeated request.

Hence, the case is filed by the complainant against the OP members with the prayer to give direction the OPs to pay the maturity amount of Rs.  1,13,200/- to the complainant  with interest @ 10 % p.a. on and from  05.07.2019 and also prayed for compensation for harassment mental pain and agony and financial loss to the tune of Rs.  20,000/- along with litigation cost of Rs.  30,000/- only .

 The OP members did not appear in this case even after getting the notice so the case has been heard ex parte against them vide order No.  03  dated  12.10.2022.

In view of above facts and circumstances, it has been decided by this commission.

1.   Whether the complainant is a consumer or not?

2.  Whether there is/was any deficiency in service or unfair trade practice on the part of the OP members or not?

3.   Is the complainant entitled to get the relief as prayed for?

4.   To what other relief/reliefs is the complainant entitled to get?

Decision with Reasons

All the points are taken up together for convenience of discussion and to avoid unnecessary repetitions.

On careful consideration of the unchallenged evidence of the complainant and the documents produced by her, it is revealed before this commission that the complainant on 05.07.2011 deposited Rs.  50,000/- in the Sahara E/Sign Scheme for a period of 96 month in account Nos. (a) 24673700764, (b) 24673700765 (c) 2467370066. From annexure P-1 it is found that in account No. (a) 24673700764, (b) 24673700765 (c) 2467370066 ,   Rs. 16,000/- deposited in account No. 24673700764, the maturity date of which is 05.07.2019 and the maturity amount is of Rs.  36,224/-, Rs. 17,000/- deposited in account NO. 2467370066, the maturity date of which is 05.07.2019 and the maturity amount is of Rs.  38,488/-, and deposited Rs. 17,000/- in account No. 2467370066, the maturity date of which is 05.07.2019 and the maturity amount is of Rs.  38,488/- and obtained three certificates to that effect. It is alleged that even after expiry of maturity period and even on repeated request of the complainant the OP members did not pay the maturity amount of a sum of Rs.  1,13,200/- in total  to the complainant. As and when the complainant entered into the Sahara E/sign Scheme and the OP member received deposited amount of Rs.  15,000/- since then the complainant is a consumer under the OP member as per provisions of CP Act, 2019. It is also fact that since 05.07.2011 the OP members are the service provider to the complainant but even after maturity of the scheme on 05.07.2019 and till this date the OP members did not pay the maturity amount of Rs. 1,13,200/- only in total to the complainant which caused harassment  mental pain and agony to the complainant and such conduct of the OP members should be termed as deficiency in service and unfair trade practice on their part.

Hence, in view of discussion made above. This commission is  of view that the complainant on good faith has entered into Sahara E/sign Scheme and deposited Rs. 50,000/-  for a period  of  96 month under 3 certificates in anticipation  that she will get back maturity amount after maturity date i.e.  05.07.2019 but she did not get the same as the OP members frustrated her and did not pay any heed to his request which means there is/was deficiency in service on the part of the OP members and they should compensated for their deficiency in service and unfair trade practice.

 We are also of view that the complainant is entitled to get compensation as she could be able to prove her case in ex pate beyond all the reasonable doubts. We do find any reason to believe her evidence in ex parte.

The case is properly stamped.

All the points are decided accordingly.

Hence,

Ordered

That the case be and the same is allowed ex parte against the OP members with cost.

The complainant do get the decree in ex parte.

The OP members are directed to pay jointly or severally matured deposited amount of  Rs. 1,13,200/- only  with interest @  9 % p.a. from the date of filing of this case till realization.

The OP members are also directed to pay compensation of Rs. 20,000/-  jointly or severally to the complainant  for her harassment mental pain and agony along with litigation cost of Rs. 7,000/- only.

The OP members are directed to comply the decree within 45 days from the date of this order. i.d. the complainant is entitled to get interest @ 6 % p.a. on the entire amount from the date of default till realisation.

If the OP members would fail to comply the decree within the stipulated period then the complainant be at liberty to execute the decree through court.

Copy of the judgment be supplied to the parties free of cost as per mandate of  the CP     Act, 2019. The Judgement be uploaded forthwith  on the website of the commission for perusal of the.