District Consumer Disputes Redressal Commission, Hooghly
PETITIONER
VS.
OPPOSITE PARTY
Complaint Case No.CC/60/2021
(Date of Filing:-24.03.2021)
- Ujjal Goawami
274, North Subhas Pally,
P.O. & P.S. Dankuni, District:-Hooghly, Pin:- 712311
- Saharayan Universal Multipurpose Society Ltd.
Formerly known as Saharayan Multipurpose Society Ltd.
M/S Sahara India
Represented by its Manager,
Regd. Office at 9, Santoshi Vihar, Ayodhya Bypass Road,
Near State Bank Bhopal-462041, Madhya Pradesh
- Saharayan Universal Multipurpose Society Ltd.
Formerly known as Saharayan Multipurpose Society Ltd.
M/S Sahara India
Represented by its Manager,
Admin. Office 195, Ground Floor, Maharana Pratap Nagar ,
Zone 1st, Bhopal-462011.
- Saharayan Universal Multipurpose Society Ltd.
Formerly known as Saharayan Multipurpose Society Ltd.
M/S Sahara India
Represented by its Manager
Dankuni Franchisee Office, Srijani Building,
South Subhash Pally (Near UCO Bank), P.O.& P.S. Dankuni,
District:- Hooghly, Pin Code-712311, West Bengal
- The Regional Manager,
Saharayan E-Multipurpose Society Ltd.
M/S Sahara India,
29/2, N.K. Banerjee Street, Bangur Park, Rishra, Hooghly,
West Bengal-712248.
- The Manager
Sahara India Head Office, Sahara India Bhawan,
1, Kapoorthala Complex, Aliganj, Lucknow-226024, Uttar Pradesh.
…………….Opposite Parties
Mr. Debasis Bhattacharya, Member
Mrs. Babita Chowdhury, Member
PRESENT:
Dtd. 04. 07. 2024
Final Order/Judgment
Debasis Bhattacharya:- Presiding Member
Having been allegedly deceived by the opposite parties as mentioned above, in the matter of investment of certain amounts as fixed deposits and corresponding return of maturity amounts, the instant case has been filed by the complainants, u/s 35 of the Consumer Protection Act 2019.
All the Opposite Parties belong to the same organization i.e. Saharayan Universal Multipurpose Society Limited, a non-Government Finance Company. OP1 to OP 6
Are concerned authorities of Registered office, Administrative office, Franchisee office, sector office, Regional office and Head and Command office in respective order.
The backdrop of the case in a nutshell is as follows.
On different dates, ranging from 31.03.2014 to 09.07.2015, the complainant invested Rs.4,05,000/- through OP 3 and he was reportedly assured that the invested amount would be doubled in 2018-19 on maturity.
The Complainant was provided with certain certificates against the said deposits.
However, on maturity of the said term deposits, the Complainant repeatedly approached to the OP to get back the maturity proceeds. But the same yielded no result. However, all the persuasions were left unheeded by all the wings of the said private investment company.
The complainant claims to have visited several offices of the opposite parties frantically to get back the maturity amount but the same were futile exercises.
Eventually, the complainants sent a letter to the opposite party 3 on 22.06.2020 stating inter-alia his claims and requested them for payment of the maturity amounts in this regard which also was cared a fig by the opposite parties.
Now having suffered from gross mental agony, anxiety, harassment and huge financial loss arising out of blatant deficiency of service, and unfair trade practice of the Opposite Parties the complainant approaches to this forum with a prayer for passing directions upon the opposite parties to pay the maturity proceeds of the invested amounts with interest, Rs.5,00,000/- as compensation for mental pain and any other relief to which the Complainant is entitled in terms of the Statute.
At the very outset, it should be pointed out that in view of the above discussion and on examination of available records it transpires that the complainant is a consumer as far as the provisions laid down under Section 2(7) of the Consumer Protection Act 2019 are concerned.
The complainant and one wing of the opposite party are resident/having their office address within the district of Hooghly and the claim preferred by the complainant does not exceed the limit of Rs.50,00,000/- .Thus, this Commission has territorial as well as pecuniary jurisdiction to proceed in the instant case.
Initially the cause of action arose on 22.06.2020 and apparently there has been continued cause of action.
Materials on records are perused.
In spite of proper service of notices, and newspaper publication, none of the opposition parties made their appearance before this Commission even on a single occasion. Thus the case finally ran ex parte against all the opposite parties.
On prayer the Complaint petition itself has been treated as evidence on affidavit. The Complainant along with his complaint petition has annexed copies of certain documents viz. purported investment advices, communications made to the Opposite Parties and postal track reports thereof.
Brief notes of argument filed by the Complainant are almost replica of the Complaint petition. Argument was heard in full ex parte.
On careful examination of all the aspects of the case, this Commission is of the view that there was deficiency of service and grossly unfair trade practice on the Opposite Parties’ part which was as good as cheating. Opposite Parties with mala fide intention appears to have duped the Complainant and the Complainant fell prey to the Opposite Parties.
Hence it is
ORDERED
that the complaint case no. 60/2021 be and the same is allowed ex parte but in part.
The opposite parties in general and the opposite party 3 in particular will be jointly liable to pay the complainant, the entire maturity proceeds of the investments of Rs. 4,05,000/-, with interest @9% on the maturity proceeds from the respective dates of maturity to the actual date of payment of the respective maturity amounts. Besides, the opposite parties will also pay Rs. 1,00,000/- to the complainants as compensation for mental agony and harassment and Rs.10,000/- towards litigation cost within forty five days from the date of this order.
In the event of failure to comply with this order the opposite parties will be jointly liable to pay cost of Rs. 20,000/- by depositing the same in the Consumer Legal Aid account. The complainant also will be at liberty to take legal action for execution of this order.
Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/sent by ordinary post for information and necessary action.
The final order will be available in the website www.confonet.nic.in
