DATE OF FILING                    :     13.05.2016.

DATE OF S/R                            :      14.09.2016.

DATE OF FINAL ORDER      :     22.05.2017.  

Payal Gupta,

daughter of Ram Chandra Prasad,

residing at 372, G.T. Road ( North ), 3^rd floor, Salkia,

Howrah 711106.……………………………………………………… COMPLAINANT.

• Versus   -

1.         The Manager,

Sahara Credit Co – Operative Society Ltd.,

Command Office, Sahara India Bhawan,

1, Kapoorthala Complex, Aliganj,

Lucknow 226024.

2.         The Branch Manager,

Sahara India,

Situated at 372, G.T. Road ( North ), 1^st floor, Salkia,

Howrah  711106.………………………………..…………OPPOSITE PARTIES.

P    R    E     S    E    N     T

Hon’ble President  :   Shri  B. D.  Nanda,  M.A. ( double ), L.L.M., WBHJS.

Hon’ble Member : Shri A.K. Pathak.

Hon’ble Member : Smt. Banani Mohanta ( Ganguli ).

F  I   N   A    L       O   R   D    E     R

1. This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner,  Smt. Payal Gupta, praying for a direction upon the o.ps. nos. 1 & 2, Sahara Credit Co- operative Society Ltd.,  to refund principal amount of Rs. 8 lakhs and to  pay compensation of Rs. 2 lakhs and to pay Rs. 25,000/- as litigation costs.  

2. The case of the petitioner is that she invested her money into the monthly income scheme of the o.ps. which is a company incorporated under the Company’s Act, 1956 with its branch office situated at Howrah and the o.ps. paid interest upto month of May, 2013. After a lapse of several months and after repeated requests the o.ps. stopped paying the interest and also not paying heed to the words of the petitioner and being disappointed the  petitioner requested o.ps. to pay the maturity amount but receiving her letter the o.ps. did nothing resulting the petitioner was compelled to file the case.  

3. The o.ps. contested the case by filing a written version denying the allegations made against them and submitted that the petitioner never came to the office of the o.ps. to collect the interest of her MIS investments and the o.ps. never refused to provide interest to the petitioner. As per terms of the scheme, the  o.ps. are unable to refund the money as the maturity date is in the year 2020 and again on 10.02.2017 the o.ps. paid Rs. 1,15,000/- to the petitioner as interest of the MISs paid up to January, 2017 and the petitioner encashed that the cheque on 15.02.2017. The o.ps. never caused any physical and mental harassment to the petitioner and there is no cause of filing this case and also no question of paying litigation costs and there is no deficiency on the part of the o.ps. 

    4.         Upon pleadings of  parties the following  points arose for determination :

1. Is the case maintainable in its present form ?
2. Whether the petitioner has any cause of action to file the case ?
3. Whether  there is  any deficiency in service on the part of the O.Ps. ?
4. Whether the complainant is   entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5. All the issues are taken up together for the sake of convenience and brevity for discussion and to skip off reiteration. The petitioner deposed before the Forum as PW 1 in the form of filing affidavit and also filed documents in the form of certificates issued by Sahara Credit Co – Operative Society Ltd. wherefrom it could be noticed that the date of commencement of the scheme started from 06.4.2015 to 09.7.2015 includingall the ten MISs and the said ten deposits are to mature in between 06.4.2020 to 09.7.2020 and during this first part of 2017 the o.ps. having paid the interest upto January, 2017 amounting to Rs. 1,15,000/- and the petitioner accepted the cheque no. 081497 drawn on Central Bank of India, Salkia Branch, and also the petitioner encahsed the cheque on 15.2.2017, there is no question of deficiency in service on the part of the o.ps. and so no question of paying any compensation or any litigation costs.

6. This Forum heard the ld. counsel of both sides and keeping in mind the facts as stated by the petitioner as well as by the o.ps. and the documents filed therein this  Forum finds that the bank statement issued by the Central Bank of India showing that the petitioner encashed the cheque issued by the o.ps. and Rs. 1,15,000/- was credited to her account and thus the allegation made by the petitioner cannot be entertained. In the certificate of the petitioner there are terms and conditions regarding the maturity and it is stated therein that after completion of 60 months from the date of opening of account the maturity amount shall be paid to the account holder and thus in the instant case the MIS being opened in  April, 2015 and interest having been made till January, 2017, there is no question of any deficiency in service on the part of the o.ps.

In view of above discussion and findings, the case of the petitioner fails.

In the result, the application fails.

Court fee paid is correct.

      Hence,

                       O     R     D      E      R      E        D

      That the C. C. No. 176 of  2016  be  and the same is dismissed on contest without costs against the  O.Ps. 

     Supply the copies of the order to the parties, free of costs.  

     DICTATED  &    CORRECTED

BY   ME.  

  (    B. D.  Nanda   )                                              

  President,  C.D.R.F., Howrah.