For the Complainant - Mr. Dulal Chandra Sarkar, Advocate
For the OPs - Mr. Kingshuk Karmakar, Advocate
FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.12 of the C.P. Act, 1986.
The case of the Complainant, in short; is that he time to time invested money in different scheme of Sahara A. Select, Sahara E. Shine, Sahara K. Money & Sahara M. Benefit with the OP-1 against A/c Nos. 16806200823, 16806200824, 16804203164, 16804801288, 16804801290, 16804801289 & 16804801436 respectively. The principal amount of those accounts were Rs. 10,000/-, Rs. 15,000/-, Rs. 41,134/-, Rs. 12,000/-, Rs. 19,000/- & Rs. 20,000 respectively. On account of urgent need of money, complainant approached the OP-1 to withdraw the pre-matured as well as matured amount but the OP-1 failed and neglected to refund such amount. Finding no other alternative, the complainant issued legal notice to the OP-1 requesting them to release the pre-matured and matured amount. Such legal notice was unattended. There is deficiency in service and unfair trade practice on the part of the OPs. Having no other alternative, complainant has filed the instant consumer complaint directing the OPs to refund pre-matured and matured amount against A/c Nos. 16806200823, 16806200824, 16804203164, 16804801288, 16804801290, 16804801289 & 16804801436 under Sahara A. Select, Sahara E. Shine Sahara K. Money & Sahara M. Benefit Scheme along with interest at the rate of 12 percent P.A., compensation and litigation cost.
The OPs resisted the complaint by filing W/V where in they have denied all the material allegations contained in the consumer complaint. The specific case of the OPs is that the transaction between the parties is a commercial/financial transaction and the complainant may ventilate her grievance before the competent Civil Court having territorial jurisdiction. The complainant never produced original certificate and KYC documents to the OP-1 for disbursement of pre-matured amount. Complainant failed and neglected to comply the terms and conditions stipulated in the application form of Sahara M. Benefit Scheme and the OPs have no obligation to refund the pre-matured amount to the complainant due to non furnishing of original documents and KYC. There is no deficiency in service and/or unfair trade practice on the part of the OPs. Accordingly, the OPs have prayed for dismissal of the complaint with exemplary cost.
Points for determination
- Whether the OPs are deficient in rendering service to the complainant?
- Whether the OPs have indulged in unfair trade practice?
- Whether the complainant is entitled to get relief as prayed for?
Decision with Reasons
Point Nos.1 to 3
All the points are taken up together for the sake of convenience and brevity in discussion.
Complainant Mr. Samir Sadhukhan files his evidence by way of affidavit supporting allegations made in the complaint. The OPs did not file any E/Chief in support of their case.
On perusal of the application being No. 17780454 and statement of accounts, it appears that the complainant deposited Rs. 500/- per month to the OP-1 against Sahara M. Benefit Scheme. 28 EMIs were deposited till 14.12.2016. It also appears from the photocopies of certificate bearing Nos. 925 003009078, 925 003009077, 82100 0579478, 82100 0579479, 82100 0579477 & 35100 5876558 that complainant invested Rs. 15,000/-, Rs. 10,000/-, Rs. 19,000/-, Rs. 19,000/-, Rs. 12,000/- & 41,134/- to the OP-1 and its maturity date were 30.01.2018, 19.08.2018 & 11.07.2020. We have it from the consumer complaint that on account of serious illness of the complainant, he approached the OP-1 to release the pre-matured amount of Sahara M. Benefit Scheme and amount in respect of account No 16804203164 including matured certificate amounts but his approach was turned down. The pre-matured amount of Rs.14,000/- in respect of Sahara M. Benefit Scheme and Rs. 41,134/- against account No. 16804203164 including matured amount in respect of remaining accounts is still lying with OP-1. The OPs are fully aware that they are liable to pay pre-matured amount of Sahara M. Benefit Scheme and Sahara A. Select Scheme, including matured amount of E. Select Scheme & K. Money to the complainant but they failed to credit such amount to the Bank A/c of the complainant. We think that the activities and acts on the part of the OPs constitute a sheer deficiency in service. The OPs are holding public money for their own gain and expansion of business and also harassing the public who invested their hard earned money relying on the assurance of the OPs. It indicates that the OPs have adopted unfair trade practice, and in fact we hold that the OPs withhold the pre-matured amount and matured amount which no doubt adopted deceitful manner of trade and by that act complainant did not get back the pre-matured and matured amount. The OPs are reluctant to refund the pre-matured and matured amount to the complainant.
For the reason aforesaid coupled with evidence and documents on record, we are of the opinion that the complainant is entitled to get relief as prayed for.
In the result, the case merit succeeds in part.
Hence,
Ordered
That the consumer case be and the same is allowed on contest against the OPs with litigation cost of Rs. 2,000/- (Rupees two thousand) only .
The OPs are jointly and severally directed to refund the pre-matured amount of Rs.14,000/-, Rs. 41,134/- and matured amount of Rs. 17,445/-, Rs. 11,630/-, Rs. 19,000/-, Rs. 19,000/- & Rs. 12,000/- total Rs. 1,34,209/- (Rupees one lac thirty four thousand two hundred nine) only against Sahara M. Benefit Scheme, Sahara A. Select Scheme, Sahara E. Shine Scheme, Sahara K. Money Scheme and shall have to pay Rs.5,000/- (Rupees five thousand) only as compensation to the complainant for causing harassment, mental pain and agony apart from litigation cost within 60 days from the date of the order.
OPs are directed to comply the order strictly within the specified period, in default, liberty be given to the complainant to put the order in execution under the provision of Sections 25 & 27 of the Consumer Protection Act, 1986.
Order be communicated to the parties as per rules.
