FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
The facts, as stated in the complaint and emerged from the documents attached with it, are that Meghnad Saha Road Aahana Foundation is a voluntary Consumer Organization registered under the society registration act and filed the instant complaint case for the benefit Sri Aloke Bera of village Pragbar within the district of Purba Medinipur. OPs Sahara Credit Co operative Society Ltd. Is a financial Institution. Sri Alok Bera invested Rs. 3,80,679/- to the OPs on 13.01.2014, 07.01.2016, 10.08.2016, 30.06.2016, 27.01.2016, 28.07.2016, 14.03.2018, 26.03.2018. 03.01.2012, 28.07.2017 & 28.07.2017. OPs issued 15 certificates to said Alok Bera. The maturity date of those certificate is 14.01.2019,07.07.2017, 10.08.2017, 30.12.2017, 27.01.2019, 28.01.2019, 14.096.2019, 26.09.2018, 03.01.2020 and 28.01.2020. Despite repeated request, the OPs did not refund the matured amount. Complainant further alleges that there is gross deficiency in service and unfair trade practice on the part of the OP.
In view of the gross deficiency in service and unfair trade practices of the OP, complainant has filed the instant consumer complaint seeking payment of matured amount along with compensation and litigation cost.
The OPs filed their WV denying the material allegations made in the consumer complaint. The specific case of the OPs is that despite several reqeust Alok Bera did not produce original certificates including KYC document for interanl process of disbursement of mature amount. There is no unfair trade practice and deficiency in service on the part of the OPs. Accordingly, the OPs have prayed for dismissal of the complaint.
Sri Mihir Kumar Paul, Secretary of Meghnad Saha Road Aahana Foundation has filed his evidence supporting the allegations made in the complaint petition. He has also filed various documents in support of his case. Despite given opportunities, the OP failed to file their E/chief.
We have considered the argument of the Ld. Advocate for the complainant and examined the record.
It is not in dispute that Alok Bera invested Rs. 3,80,679/- to the OPs on 13.01.2014, 07.01.2016, 10.08.2016, 30.06.2016, 27.01.2016, 28.07.2016, 14.03.2018, 26.03.2018. 03.01.2012, 28.07.2017 & 28.07.2017. OP issued 15 certificates to Alok Bera and its maturity date is 14.01.2019,07.07.2017, 10.08.2017, 30.12.2017, 27.01.2019, 28.01.2019, 14.096.2019, 26.09.2018, 03.01.2020 and 28.01.2020. Despite several request, OPs did not pay the matured amount to Aloke Bera. OPs are fully aware that they are liable to pay the matured amount to the complainant on its maturity. Aloke Bera invested his hard earned money with the OPs. The OPs is deliberate to make illegal gains and to deprive said Aloke Bera from his lawful right. In fact, the OPs withhold the maturity amount which no doubt deceitful manner of trade.
Complainant in his affidavit did support the allegations made out in the complaint. Therefore, it cannot be said that complainant has failed to prove deficiency in service and unfair trade practice of the OPs. The act of the OPs is a clear case of deception, which resulted in the injury and loss of opportunity to said Aloke Bera. Had Aloke Bera not invested his money to the OPs, he would have invested the same elsewhere. He cannot be wait indefinitely to get the matured amount. Aloke Bera has suffered mental agony and harassment. It is settled principal of law that the compensation should be commensurate with loss of suffered and it should be just, fair and reasonable and not arbitrary. To get relief, Aloke Bera has to wage a long drawn and tedious legal battle. In these circumstances, Aloke Bera is entitled to get the maturity amount of Sahara A. Select, Sahara Y Select, Sahara Golden KF, Sahara Special, Sahara E. Shign along with compensation and litigation cost.
Based on the discussion above, the Consumer Case is allowed in part on contest against the OPs with following directions :-
- OPs are directed to pay matured amount of Rs. 5,36,721/- (Rupees five lacs thirty six thousand seven hundred twenty one) only to Sri Alok Bera.
- OPs are further directed to pay Rs. 50,000/- (Rupees fifty thousand) only as compensation to Alok Bera on account of mental agony and physical harassment.
- OPs are also directed to pay Rs. 5,000/- (Rupees five thousand) only towards litigation cost to Alok Bera.
The above directions be complied by the OPs within a period of 90 days from today. For failure or omission in compliance within the stipulated period, the complainant shall be at liberty to put the order in execution as per CP Act.
Copy of the judgment be supplied to the parties free of cost as per CP Act. Upload the judgment on the website of this Commission for perusal of the parties.
