West Bengal

Dakshin Dinajpur

CC/46/2021

Sri Dulal Chandra Saha. S/O Late Sadhu Charan Saha. - Complainant(s)

Versus

The Branch Manager, Sahara India Pariwar , Hili F.C. Branch - Opp.Party(s)

Debashis Barman

29 Jul 2022

ORDER

 

            The brief facts of the complaint case is that the complainant is an investor of Sahara India Pariwar under Hili F.C Branch, Dakshin Dinajpur. The complainant invested the total amount of Rs.50,000/- in the FD policy under the scheme of F6 Sahara H Shine of Sahara Credit Co-Operative Society Ltd.  on 14.02.2015  for a period of 72 months against which the opposite parties issued ten certificates and the maturity date of the above investments was on 14.02.2021 and the maturity amount was Rs.1,04,100/-.  After the date of maturity of the above said investments, the complainant went to the office of the O.P. several times and submits his prayer for withdrawal of the maturity amount of the O.P. before the Consumers Affairs & FBP Balurghat on 29.07.2021.  Till today the O.P. did not pay the maturity amount to the complainant. Finding no other alternatives the complainant files this instant case against the O.P. u/s 35 of C.P. Act, 2019 claiming the maturity amount of Rs. (10,410x10) certificates = Rs.1,04,100/- along with interest and benefits as per the terms & conditions laid down in the scheme of F6 Sahara H Shine, compensation of Rs 50,000/- for mental pain & agony and litigation cost of Rs.20,000/-.   

            Notice was issued upon the O.P. and the O.P. entered appearance and contested the case by filing a written version wherein the material averments made in the complaint are denied and it has been contended inter alia that the instant case is not maintainable. It has been submitted by the O.P. that due to some litigation pending with SEBI and the Apex Court regarding the financial transaction of the O.P. group imposed embargo on the movable immovable properties due to which the payment has remained stopped and the O.P. crave leave of this Commission and prays for dismissal of the instant case.  

            In this case complainant has submitted examination in chief supported by affidavit together with original copy of following ten Certificates by firisti: -

Sl No.	Certificate No.	Date	Amount	Maturity value
1.	914000086649	14.02.2015	Rs.5,000/-	Rs.10,410/-
2	914000086650	14.02.2015	Rs.5,000/-	Rs.10,410/-
3	914000086651	14.02.2015	Rs.5,000/-	Rs.10,410/-
4	914000086652	14.02.2015	Rs.5,000/-	Rs.10,410/-
5	914000086653	14.02.2015	Rs.5,000/-	Rs.10,410/-
6	914000086654	14.02.2015	Rs.5,000/-	Rs.10,410/-
7	914000086655	14.02.2015	Rs.5,000/-	Rs.10,410/-
8	914000086656	14.02.2015	Rs.5,000/-	Rs.10,410/-
9	914000086657	14.02.2015	Rs.5,000/-	Rs.10,410/-
10	914000086658	14.02.2015	Rs.5,000/-	Rs.10,410/-

             

           O.P.s had also submitted examination in chief of OPW-1 Joy Dutta Gupta by way of affidavit but no document is submitted on the side of the O.P.     

                      Points for discussion

 

1. Is the complainant a consumer to the opposite parties?
2. Is there any deficiency in service on the part of the opposite parties?
3. Is the complainant entitled to get any relief/reliefs as prayed for?

 

                        DECISION  WITH  REASONS

 

Point No.1 This is admitted that complainant invested a total sum of Rs. (5,000/- x 10) = Rs 50,000/- (Fifty thousand only) under the scheme of F6 Sahara H Shine of  Sahara Credit Co-Operative Society Ltd. of the opposite parties, So, there is no hesitation to hold that the complainant is a consumer within the meaning under section 2 (1) (d) of Consumer Protection Act 1986.

 

 Point No.2 & 3: These two issues are taken up together for discussion for the sake of convenience and brevity. This is admitted fact that the complainant had invested total amount of Rs. 50,000/- (Fifty thousand only) under the scheme of F6 Sahara H Shine of Sahara Credit Co-Operative Society Ltd of opposite parties on 14.02.2015 for a period of 72 months against which the opposite parties duly issued ten certificates to the complainant. This is also admitted fact that the maturity period of 72 months was already over on 14.02.2021. This is also not disputed that the complainant has not yet received any single furthering from the O.P.s against the aforesaid investments.

We have looked into the complaint, the written version of the O.P. and evidence filed by the parties minutely. All these reveal that the complainant is a bona-fide consumer of the O.P.s and he is entitled to get maturity amount of Rs.(10,410/- x 10) = Rs 1,04,100/- (one lakh four thousand one hundred only)  together with interest as per terms and condition of the aforesaid scheme but the O.P.s have violated the terms and conditions and there is no denial of the fact about lack of responsibility in discharging his duty on the party of the O.P.s and their lies deficiency in service on the party of the O.P.s.

Accordingly all the points are decided in favour of the complainant against the O.P. Thus all the points are disposed of.

              Hence, it is

                                                              O R D E R E D

             That the Consumer complaint Case No.46/2021 is allowed on contest in part with cost against the O.P. The Opposite party is directed to pay a sum of Rs1,04,100/- (one lakh four thousand one hundred only) as maturity value of the invested amount together 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 O.P. is further directed to pay a sum of Rs.5,000/- towards litigation cost in default complainant has liberty to execute the order as per law.  

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