DATE OF DISPOSAL: 15.05.2023

Sri Satish Kumar Panigrahi, President. :

            The fact of the case in brief is that the complainant has filed this Consumer complaint under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service and unfair trade practice by the Opposite Party (in short O.P.) and for redressal of her grievance before this Commission.

            2. The O.P. is one Registered Company bearing its Regd. No.U45201OR2009PLC011184 who deals money and property all over India with its customers. The complainant is one of the customer of accused company. A broker of the O.P. company came in contact with the complainant at Pashim Seuji Nagar, Narengi, Assam and persuaded the latter to became a member of a monthly scheme SAHAJA wherein the complainant is to deposit Rs.50,000/- only per month for 72 month and on maturity company shall paid Rs.50,00,000/-. Initially the complainant was indifferent to such proposal of the said staff of the O.P. Company but after repeated insistence and persuasion, the complainant ultimately agreed to the proposal of the said company. Accordingly the O.P. company issued a provisional allotment certificate in favour of complainant consequent upon became a member of the said forged scheme. On 05.01.2021 the complainant paid Rs.50,000/-  and on  15.01.2010 for the purpose to became member/customer, the complainant was required to sign some papers like that of a booklet purported to be the agreement which was kept by the O.P. without issue a copy thereof to the complainant and the complainant was also required to sign in some blank whites papers and blank non-judicial stamp papers for the purpose of said membership. The complainant deposited Rs.50,000/- per month regularly and the O.P. Company issued money receipts to that effect. Being a bonafide customer, the complainant regularly paid the monthly premium to the O.P. Company without fail. The complainant paid from 05.01.2010 to 20.06.2015 a total amount of Rs.33,16,010/- to the O.P. company. As per the agreement as reflected in the provision allotment certificate, the complainant was required to pay 72 monthly installments of Rs.50,000/- each and on the date of maturity i.e. 14.01.2016 the complainant would receive the maturity value of Rs.50,00,000/-.On due maturity date the complainant visited the O.P. office at Bhabanagar, Berhampur, Ganjam to collect the maturity amount, but staff of the O.P. assured to pay the maturity amount very soon.  The complainant requested and approached the O.P. for payment of the maturity amount but all hopes of the complainant lost like bubbles in the water when the said company preferred to remain silent and not respondent positively. Surprisingly internet communication through Whatsapp started in between the Managing Director and staff of the O.P. Company with the complainant.  All the times the O.P. assured the complainant to give the maturity value.  Last time on 11.05.2020 when the Managing Director Sangram Mohanty demanded the account details of the complainant to return the maturity value, immediately on the same day the complainant provided the details of account with a hope that problem will solve. On 18.05.2020 when the complainant made question regarding any transfer of money in his account, the O.P. Company became deaf eared. Thereafter the O.P. not responded the phone calls of the complainant. Due to cheating and fraud and breach of trust activities of the OP. in a compelling situation the complainant file criminal cases against the O.P. which is pending. The complainant issued a legal notice to the O.P. on 29.02.2020 demanding the maturity amount of the complainant within seven days from the date of receipt of the notice. The O.P. Company received the said notice but again preferred to remain silence. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to pay Rs.50,00,000/-with 24% interest per annum, Rs.10,00,000/- towards compensation and Rs.20,000/- towards cost of litigation in the best interest of justice.

3. Notice was issued to the O.P. but he neither chooses to appear nor filed any written version. Hence the O.P. set exparte on dated 07.07.2022.

4. On the date of hearing of the consumer complaint, the advocate for complainant is present. We heard argument from him for the complainant at length and perused the complaint petition, written argument and materials placed on the case record. It reveals provisional allotment certificate of Specimens Realty Limited that “This is to certify that Mr. Tulika Kalita has paid installment as part payment of earnest money for provisional allotment of a plot of land for residential/commercial unit as offered by Specimens Realty Limited”. The complainant paid last premium on 14.01.2016. Thereafter the complainant was silent and filed this consumer complaint on 21.10.2021 after 5 years elapsed. This Commission by relying upon a citation passed by Hon’ble Supreme Court of India in Surjeet Singh Sahani v. State of U.P. in SLP (C) 3008 of 2022 disposed of on 28.02.2022 that, “as observed by this Court in catena of decisions, mere representation does not extend the period of limitation and the aggrieved person has to approach the Court expeditiously and within reasonable time.” Hence the issuance of the notice on 29.02.2020 by the complainant to the opposite party company cannot be extended the period of limitation to file the case.

5. This case is relating to commercial purpose as the complainant deposited amount with O.P. to reinvest in its Dubai properties as the complainant approached several times for the purpose to the O.P. through his whatsapp. The complainant also suppressed the material fact that amounting of Rs.50,000/- each has been received from the O.P. on 15.03.2016 and 19.04.2016 respectively.  And also another citation passed by Hon’ble National Commission, New Delhi in Ms. Saavi Gupta & Anr versus M/s Omae Azorim Developers pvt. Ltd. 2012 (4) CPR 298 such as: - “Commercial users cannot maintain consumer complaint”.

In the light of the above decisions of law we dismissed the case and parties are directed to bear their own costs.

      The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. A copy of this order be also sent to the Secretary, State Consumer Disputes Rederssal Commission, Odisha, Cuttack for information.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 15.05.2023