J U D G E M E N T

The complainant’s case is regarding deficiency of services and unfair trade practices meted out to the complainant by the OPs. The complainant invested a corpus of Rs.1,00,000/- as total value of fixed deposit under Sahara Credit Cooperative Society Limited vide Certificates (details of which have been mentioned in Annexure ‘A’, ‘B’, ‘C’, ‘D’, ‘E’, ‘F’ & ‘D’ in the petition by the complainant) provided by the OPs and as per said Certificates complainant would get the total redemption value of Rs.1,16,300/- from the OPs over a redemption period of 18(eighteen) months under Sahara Credit Cooperative Society Limited. However, during the time period of 18(eighteen) months, complainant did not receive any single amount from the OPs and after the expiry of the said time frame, she deposited all her original papers and documents to OP No. 1, praying for refund of the redemption money. OP No. 1 had not received the Certificate but assured to issue a cheque in her favour after few months. As mentioned in Annexure ‘H’, the complainant sent letter to the OPs, requesting them to pay her the due but till date not a single penny has been received by the complainant. The complainant alleges severe harassment, mal-activities, financial negligence, agony and violation of human rights against the OPs. Thus, the complainant prays to this Commission (formerly Forum) for: -

1. Compensation of Rs.1,00,000/- (one lakh) from the OPs for mental harassment and financial negligence.
2. Direction to the OPs to refund the total Redemption Amount of Rs.1,16,300/- along with interest from the date of payment till the realization of such amount.
3. Simple interest upon all dues from the OP till realization of such amount.
4. Other reliefs.

            OPs have filed the W/V denying all material allegations and contented inter alia that: -

            The instant case is not maintainable according to law and complainant is not a consumer as defined under C.P. Act and the relationship between complainant and OPs is

COMPLAINT CASE NO.  CC/305/2018

debtors and creditor and the transaction between the complainant and the OPs is a commercial transaction and any grievance on it should be redressed in civil court only. That apart, OPs have said that there is no deficiency of service on the part of the OPs. Due to dispute of SEBI and the matter is pending before the Hon’ble Supreme Court of India, the delay in payment is happened. Ultimately, OPs have prayed for dismissal of the case with costs.

POINTS FOR DECISION

Is the complainant entitled to get relief/reliefs as prayed for?

DECISION WITH REASONS

            In support of her case complainant filed evidence on affidavit and also BNA whereas OPs did not file evidence on affidavit.

            From the evidence on affidavit filed on behalf of the complainant it goes to show that it appears to be a replica of the contents of the complaint and complainant also filed several photographs of documents which also supporting the claim of the complainant.

            In fact, as OPs did not file any evidence on affidavit, the contents of W/V of the OPs are becoming no more important and no importance can be attached on the contents of such W/V and in other way it can be said that the defense case is appearing  to be a case of no evidence.

            We all know that mere allegation is not a proof. The allegation must be proved by cogent and positive evidence. Here, there is no cogent and positive evidence on the part of the OPs.

            We find that complainant has succeeded in proving his case. Thus, she is entitled to have the relief as prayed for.

COMPLAINT CASE NO.  CC/305/2018

            Hence, it is,

O R D E R E D

            That the instant case being No. 305 of 2018 be and the same is hereby allowed on contest against the OPs with costs.

            OPs are directed to pay the Redemption Amount of Rs.1,16,300/- to the complainant as terms and conditions in the scheme along with interest at the rate of 6% from the date of maturity till realization of full payment.

            OPs are categorically directed to pay compensation of Rs.30,000/- to the complainant for mental harassment and financial negligence.

            OPs are also directed to pay Rs.10,000/- as litigation cost to the complainant.

            All such payments shall be made within 45(forty five) days from the date of this order.

            Let a free copy of this order be given to the complainant free of cost.

Dictated & Corrected by me

(Mr. Sankar Kumar Ghosh)

President, DCDRC, Howrah