DATE OF FILING                    :     21.09.2016.

DATE OF S/R                            :      28.10.2016.

DATE OF FINAL ORDER      :     24.05.2017.

Swapan Khara,

son of Shidhar Khasra,

residing at 42/3, Abinash Banerjee Lane,

P.S. Shibpur, District Howrah,

PIN 711102. …………………………………………………… COMPLAINANT.

• Versus   -

Sahara India Real Estate Corporation Ltd.,

( Shibpur Branch ), ;

169, G,.T. Road ( S ) 1^st floor,

P.S. Shibpur, District Howrah,

PIN 711101 and registered office

at  Sahara India Bhawan,

1, Kapoorthala Complex,

Lucknow  226024. ….………………………………………………OPPOSITE PARTY.

P    R    E     S    E    N     T

Hon’ble President  :   Shri  B. D.  Nanda,  M.A. ( double ), L.L.M., WBHJS.

Hon’ble Member : Shri A.K. Pathak.

Hon’ble Member : Smt. Banani Mohanta ( Ganguli ).

F  I   N   A    L       O   R   D    E     R

1. This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner,  Swapan Khara, against the o.p., Sahara India Real Estate Corporation Ltd., ( Shibpur Branch ),  O.p. no. 1 and another, praying for a direction upon the o.ps., to release the certificate mentioned amount in favour of the petitioner and to pay Rs. 1 lakh as compensation and Rs. 50,000/- as cost of proceeding.

2. The case of the petitioner is that having good faith on the o.ps. he invested Rs. 6,150/-, Rs.6,150, Rs. 6,150, Rs.13,650/-, Rs.10,950/- Rs.11,950/-, Rs.12,000/- Rs. 12,000/-, Rs.11,950/-, Rs.13,650/- & Rs.6,150/- in  eleven certificates in “Q Shop Plan – H” that the principle amount shall be payable with bank interest to the petitioner.

3. Due to urgent need of money the principle wanted premature withdrawal of the said amount and visited the office of the o.ps. but intentionally refused to release the certificates in favour of the petitioner.  The petitioner further submitted that the o.p. verbally assured to release the premature value of the certificates and later on failed and neglected to release the certificate value. There is clear deficiency  in service on the part of the o.ps. and so the  petitioner had no other alternative to file this case.

4. The o.p. contested the case by filing a document in the form of a statement submitted before the Assistant Director, C.A. &  F.B.P, regarding payment of Sahara Q Shop Unit Product Range Ltd. stating further that the petitioner Swapan Khara has 11 Sahra ‘Q’ Shop Unique Product Range and the payment would be made to him after the expiry of six years being the tenure of certificates i.e., in the month of May,  June & September, 2018 as the certificates opened six years prior to the maturity date in May, June & September, 2012  written version denying the allegation against That the o.p. is not responsible for refund of the whole amount and the case be dismissed.

5. Upon pleadings of the parties the following points arose for determination :     

1. Is the case maintainable in its present form ?
2. Whether the petitioner has any cause of action to file the case ?
3. Whether  there is  any deficiency in service on the part of the O.P. ?
4. Whether the complainant is   entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

6. All the issues are taken up together for the sake of convenience and  brevity for discussion and to skip off reiteration.  In support of his case the petitioner filed affidavit as well as documents in the form of his application form and the copies of the eleven certificates wherefrom it is noticed that the tenure of the certificates that is the plan period  is six years and as per terms and conditions as laid down in the documents parties consented that they would complied the terms and conditions and the petitioner knowing fully well the said terms and conditions signed the documents . Thus the petitioner being a party to the policy document cannot violate the terms and conditions mentioned therein and he has to accept the maturity amount after six years only as knowing the terms and conditions very well he gave his full consent.

          In view of above discussion and finding, the claim case fails. 

Court fee paid is correct.

      Hence,

                     O     R     D      E      R      E        D

      That the C. C. No. 303 of  2016  be  and the same is dismissed on contest without  costs  against  the O.P. 

       Supply the copies of the order to the parties, free of costs.  

DICTATED  &    CORRECTED

BY   ME.  

  (    B. D.  Nanda   )                                              

  President,  C.D.R.F., Howrah.