For the Complainant -Md. Sayem, 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 deposited Rs.10,000/-, Rs. 11,000/- and Rs. 10,000/- with the OP-1 against certificate Nos. 715000050720, 715000050419, 715000050418 of Sahara I. Select Scheme and Rs. 10,000/- against certificate No. 304006420134 of Saharayn Universal Multipurpose Society Ltd. and the matured date of those certificates was 23.07.2018. On completion of maturity period, the OP-1 failed and neglected to credit the matured and pre-matured amount to his bank account. There is deficiency in service and unfair trade practice on the part of the OPs. Finding no other alternative, complainant has filed the instant consumer complaint directing the OPs to refund Rs. 55,000/- along with interest at the rate of 12 percentP.A., compensation and litigation cost.
The OPs are resisted the complaint by filing WV 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 his grievance before the competent Civil Court having territorial jurisdiction. The complainant failed and neglected to comply the terms and conditions stipulated in the certificates and the OPs have no obligation to refund the claim amount to the complainant. 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 Sri Bhola Nath Das files his evidence by way of affidavit supporting allegations made in the complaint. In spite of giving opportunity, the OPs failed to file E/chief.
On perusal of photocopy of certificate Nos. 715000050720, 715000050419, 715000050418 of Sahara I Select Scheme and certificate No. 304006420134 of Saharayn Universal Multipurpose Society Ltd., it appears that the complainant invested Rs.10,000/-, Rs. 11,000/- , Rs. 10,000/- and Rs. 10,000/- to the OP-1 and those certificates of Sahara I. Select Scheme were matured on 23.07.2018 . On completion of maturity, the complainant requested the OP-1 to pay the matured amount of Rs. 41,825/- and pre-matured amount of Rs. 10,000/- under Saharayn Universal Multipurpose Society Ltd. but the OP-1 failed and neglected to credit the matured and pre-matured amount to his bank account. The OPs are fully aware that they are liable to pay matured and pre-matured amount of Rs. 41,825/- and Rs.10,000/- to the complainant but failed to comply the terms and conditions of the certificates in spite of expiry maturity period. The matured amount of Rs. 41,825/- and pre-matured amount of Rs. 10,000/- is still lying with the OP-1 till date. 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 of the matured and pre-matured amount which no doubt adopted deceitful manner of trade and by that act complainant did not get back the matured and pre-matured amount. The OPs are reluctant to refund the matured and pre-matured amount to the complainant.
Based on the above discussion coupled with evidence and document 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 merit against the OPs with litigation cost of Rs.2,000/- (Rupees two thousand) only .
The OPs are directed to refund the matured amount of Rs. 41,825/- and pre-matured amount of Rs.10,000/- total Rs. 51,825/- (Rupees fifty one thousand eighty hundred twenty five) only against certificate Nos. 715000050720, 715000050419, 715000050418 of Sahara I. Select Scheme and 304006420134 of Saharayn Universal Multi Purpose Society Ltd. 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.
The OPs are directed to comply the order strictly within specified period, in default, liberty be given to the complainant to put the order in execution under appropriate provision of the Consumer Protection Act,1986.
Order be communicated to the parties as per rules.
