West Bengal

Kolkata-II(Central)

CC/457/2019

Sanjib Kumar Ghosh - Complainant(s)

Versus

Sahara India Sadan, Rep. by Subrata Roy - Opp.Party(s)

Pradosh Kumar Majumder

14 Jun 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/457/2019
( Date of Filing : 15 Nov 2019 )
 
1. Sanjib Kumar Ghosh
12/H,C.N.Roy Road, P.S.Tiljala, Kolkata-700039.
...........Complainant(s)
Versus
1. Sahara India Sadan, Rep. by Subrata Roy
2A, Shakespeare Sarani, Middleton Row, P.S.Shakespeare Sarani, Kolkata-700071.
2. Sahara India , Rep. by Regional Manager Shankar Das
470,Purbachal Main Raod, Kalikapur,P.S.Garfa,Kolkata-700078.
3. Sahara India, Rep. by Binod Kumar Shaw
3, VIP Nagar, P.S.Anandapur,Kolkata-700100.
4. Sahara Q Shop Unique Products Range Ltd, Director Subrata Roy
Sahara India Bhawan,1, Kapoorthala COmplex,Aliaganj,Lucknow,P.S.Aliaganj,Pin-226024.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Swapan Kumar Mahanty PRESIDENT
 HON'BLE MRS. Sahana Ahmed Basu MEMBER
 HON'BLE MR. Ashoke Kumar Ganguly MEMBER
 
PRESENT:Pradosh Kumar Majumder, Advocate for the Complainant 1
 
Dated : 14 Jun 2022
Final Order / Judgement

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  Sahara Q Shop Unique  Product Range Ltd.  is a Financial Institution. OPs 1 to 4 are the Mananger, Regional Manager, Branch Manager and Director of Sahara India Ltd. Complainant invested  Rs. 2,00,000/- to the OP-4  on 20.07.2012. fro a period of 06 years.  OP-4 issued certificate bearing No.  562008277910 to the complainant. The maturity date of the said certificate is 20.07.2018  and its maturity value of the the said certificate is Rs. 4,70,000/-. Despite repeated request the OPs did not refund the matured amount. Several correspondence were made with the OPs but no fruitful reasut is forthcoming.  Complainant issued legal notice dated 27.09.2019 requesting the OPs to  refund the matured amount after deducting the loan amount.  Legal notce was unattended.  Complainant further alleges that there is gross deficiency in service and unfair trade practice on the part of the  OPs.

In view of the gross deficiency in service and unfair trade practices of the OPs,  complainant has filed  the instant  consumer complaint seeking payment of matured amount along with compensation and litigation cost.

            The OPs contested the case by filing WV denying the allegations of the complainant. The OPs have admitted the investment of the complainant but alleges that the complainant failed to submit KYC documents to the OPs for payment of matured amount. There is no defieicny of service and unfair trade practice on the part of the OPs.

Complainant has filed his evidence supporting the allegations made in the complaint petition. Complainant has also filed various documents in support of his case. Despite given opportunities the OPs 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 the complainant invested Rs. 2,00,000/-  to the OP-4  against certificate bearing No. 562008277910 dated  20.07.2012. The maturity date of those certificates is 20.07.2018. Despite several request and legal notice dated 27.09.2019 OPs did not pay the matured  amount to the complainant. OPs are fully aware that they are liable to pay the matured amount to the complainant on its maturity. Complainant invested his hard earned money with the OPs. The OPs are deliberate to make illegal gains and to deprive the complainant from his lawful right. In fact, the OPs withhold the maturity amount which no doubt deceitful manner of trade.

OPs have not filed their E/chief denying the allegations made in the complaint petition. 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 the complainant. Had the complainant not invested his money to the OPs, he would have invested the same elsewhere. Complainant cannot be wait indefinitely to get the matured amount. Complainant 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, complainant has to wage a long drawn and tedious legal battle. In these circumstances, the complainant is entitled to get the maturity amount of Sahara Q Shop Unique Products Range Ltd. along with compensation and litigation cost.

                                                 

Based on the discussion above, the Consumer Case is allowed  in  part on contest against the OPs with the following directions :-

  1. OPs are directed to pay matured amount of Rs. 4,33,134/- (Rupees four lacs thirty three thousand one hundred thirty four) only to the complainant.
  2. OPs are further directed to pay Rs. 25,000/- (Rupees twenty five thousand) only as compensation to the complainant on account of mental agony and physical harassment.
  3. OPs are also directed to pay Rs. 5,000/- (Rupees five thousand) only towards litigation cost to the complainant.

    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.

 
 
[HON'BLE MR. Swapan Kumar Mahanty]
PRESIDENT
 
 
[HON'BLE MRS. Sahana Ahmed Basu]
MEMBER
 
 
[HON'BLE MR. Ashoke Kumar Ganguly]
MEMBER
 

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