The brief facts of the complainant case are that the complainant is an investor of Sahara India Pariwar under Kamarapara F.C. Branch of Dakshin Dinajpur. He made investment in recurring deposit of Rs. 500/- per month for 60 installments bearing A/c No. 41194800009 with the OP in Sahara M Benefit RD Scheme. The complainant has deposit 60 installments of Rs. 500/- per month i.e. total Rs. 30000/- (thirty thousand only) i.e. from 01.01.2013 to 23.12.2017 to the OP in Sahara M. Benefit RD Scheme. After the maturity of the aforesaid policy i.e. on 01.01.2018 the complainant went to the branch office of the Sahara India Pariwar under kamarpara F.C. on several occasions for withdrawal of this maturity amount along with interest and other benefits and submits his prayer but the OP refused to accept his prayer. Then, the complainants sent the prayer through registered post on 22.11.2018. Thereafter on several occasion the complainant went to the op for getting his maturity amount of his RD policy but in every occasion the op took a new plan and did not pay the maturity amount to the complainant. As a result of which the complainants suffered irreparable loss and mental injury and has been harassed. Accordingly, the complainant has filed the instant case for a direction upon the Ops to pay the principle amount of Rs. 30000/- along with benefits and interest as per Sahara M. Benefit Scheme, Rs. 15000/- as compensation for delay and mental pain and agony and Rs. 10000/- as litigation cost of the proceeding.

                 Notice was issued upon the Op. The Op appeared before this forum and contest the case by filing written version. The Op claimed the averments made in the complaint are false and said that the case is not maintainable. It has been stated by the Ops that due to some litigation pending with SEBI, the Hon’ble apex court imposed embargo on the movable and the immovable properties of Sahara groups of companies and the op craves leave of this forum and prays for dismissed of the instant case.

                                 In this case, the complainant has filed examination-in-chief by way of affidavit along with some documents with firisti.

1. One RD policy (passbook), vide A/C No. 41194800009 issued by Sahara India Pariwar, in the name of Prabin Paramanik.
2. Money receipts.
3. Postal receipt, vide no. RLARW198456090IN dt. 22.11.2018.

Opposite party also filed examination-in-chief of OPW-1 by way of affidavit, no documents were filed.

                       Points for discussion

1. Whether the complainant is a consumer as per provision of the C.P. Act, 1986?
2. Whether there is any deficiency in service on the part of Ops as alleged?
3. Whether the complainant is entitled to get any relief/ reliefs as prayed for?

                     Decision with Reasons

    Point 1:  

                         This is an admitted fact by both the parties that the complainants has deposited total Rs. 30000/- to the op in Sahara M. Benefit RD Scheme, vide A/C No. 41194800009. So, there is no hesitation to hold that the complainant is a consumer within the meaning of the C.P. Act, 1986.

Point No. 2 & 3: 

                          These two points are taken up together as they are interlinked with each other. This is an admitted fact that the complainants had made investment in recurring deposit of Rs. 500/- per month for 60 installments i.e. total amount of Rs. 30000/- i.e. from 01.01.2013 to 23.12.2017 to the op in Sahara M. Benefit RD Scheme. After the maturity i.e. on 01.01.2018 the complainant is entitled to get the maturity amount along with the interest and other benefits under the Sahara M Benefit RD Scheme. The complainant went to the office of the Op and submits his prayer for withdrawal of the maturity amount along with the interest and benefits but the office refused to accept his prayer. Then, the complainant sent his prayer through registered post on 22.11.2018. Thereafter, the complainant in different occasion went to the office of the Op for getting the maturity amount but the op did not pay the aforesaid maturity amount.

                                 We have gone through the complaint, the written version and documents filed on behalf of the complainant. We have also considered all the documents along with the submission canvassed on behalf of the parties.

                                It is cleared that the complainant is entitled to get Rs. 30000/- with interest as per terms and conditions of the Sahara M. Benefit RD Scheme. Op claimed that the complainant did not purchase any goods or articles although he has deposited as advance for purchasing goods, so he is not entitled to get any remedy in this case.

                                But, after scrutiny of the terms and condition stated in the RD passbook we do not find any such condition laid down in the passbook issued by the sahara company. It is cleared from the fact and circumstances of the case that the Op has violated the terms and condition as laid down in Sahara M. benefit RD Scheme. We find that the complainant is a bona-fide consumer of the Op. Therefore, we are of the opinion that the Op is liable for deficiency in service in not returning the sum invested by the complainant with accrued interest as agreed upon by and between the parties.

                              All the points are thus decided in favour of the complainant against the Op.

Hence, it is

                              ORDERED

That the consumer complaint case no. 42/2019 is allowed on contest in part with cost against the Op.

                               The opposite party is directed to pay a sum of Rs. 30000/- as principle amount of the invested amount with interest @ 8 % p.a. from the date of maturity till realization by issuing an account payee cheque in favour of the complainant within 45 days from the date of passing this order. The Op is further directed to pay Rs. 5000/- towards litigation cost in default complainant is at liberty to execute the order as per law.

            Let a plain copy of this order be furnished to the parties forthwith free of cost.