Nonpayment of the maturity value of separate investment plans of the depositor herein the complainant has obliged her to lodge this complaint u/s 12 of the C.P. Act 1986 for redressal.
The fact of the Complaint Case in brief is that Complainant invested his hard earned money for same year in different schemes (SAHARA Q SHOP UNIQUE PRODUCTS RANGE LIMITED ) before SAHARA INDIA BHAWAN, 1, KAPOORTHALA COMPLEX, ALIGANJ, LOCKNOW-226024 having its local office at SAHARA CREDIT COOPERATIVE SOCIETY LIMITED, KADAMTALA, P.S-KOTWALI, DIST-JALPAGURI, PIN 735101. After that its maturity date is fixed in different dates of 2020 respectively. On completion of maturity period O.P failed to repay the sum. But as no fruitful action taken place from the O.P, the instant case was filed on 08/04/2022 before this commission. According to the complainant he invested his money through O.P-2 at Jalpaiguri to the O.P-1 by maintaining the following schedule.
CERTIFICATE NUMBER | CUSTOMER ID | TOTAL MATURITY AMOUNT IN Rs. |
562003909682 | 820022014938 | 23500 |
562003909680 | 820022011752 | 12677 |
893000323036 | 820024000001 | 23500 |
During the investment period and according to the scheme, the complainant had deposited money according to the above mentioned list. According to the condition of the Schemes, the complainant claimed that he is entitled to get total maturity value of Rs. 59,677/- with other reliefs as per norms of the OPs. The complainant has made claim as per rule, but no payment has been made by the OPs till date.
The complainant in her averment had prayed for directing the O.Ps to make payment of Rs. 59,677/- as maturity value. He also claim a compensation of rupees 10,000/-for harassment and mental agony, Rs. 10,000/- for deficiency of service and Rs. 5,000/- towards litigation cost.
On the other hand, learned advocate appeared on behalf of both the opposite parties the Branch Manager (Sanjay Kumar Singh) Sahara Credit Cooperative Society Limited, Kadamtala, P.S-Kotwali, Dist-Jalpaguri, Pin 735101(OP No.2) contested this case by filing a written version and evidence on affidavit on the ground stated therein which is kept in the record. In both the documents the opposite parties only denied the version the complainant without showing any ground/explanation. The Branch Manager (Sanjay Kumar Singh) also verbally submitted that the OPs are not in a position to make payment to the complainant at this time.
On argument the complainant himself argued that he had submitted proper demand notice but the O.Ps gave no reply. From the above discussion and as per verification of original documents, it is clear that the complainant is entitled to get the maturity value of Rs. 59,677/- as per norms of the O.Ps. It is the deficiency in service on the part of the O.Ps not to make payment of the maturity amount in time. OPs also adopted unfair trade practices. The complainant is not responsible for the internal disturbance of the O.Ps.
Perused the record, on perusal of the prayer portion it appears that complainant has prayed for maturity amount (Rs. 59,677/-) and total compensation of Rs. 25,000/-. The allegation brought by the complainant remains un-rebutted and unchallenged. Even the Branch Manager, Sanjay Kumar Singh admits the position. So, it appears that complainant is entitled to claim of his maturity amount mentioned in the fifth column of complaint petition (page two) along with other reliefs.
Hence,
It is
O R D E R E D
The case CC/22/2022 is allowed on contest in part. O.P is directed to pay the maturity value (Rs. 59,677/-) to the complainant with Rs. 20,000/- as compensations for mental pain and agony, deficiency of service, adoption of unfair trade practice and litigation cost to the complainant within one month of this order, in default, the total awarded amount (Rs. 79677/-) shall carrying interest @ 9% p.a. from the date of this order, provided the Complainant files original money receipts to O.P.
O.P. is to pay Rs. 10,000/-(Ten thousand only) to the consumer legal aid account of this commission.
Complainant is at liberty to execute the decree according to law.
Let plain copy of this order be given to the parties free of cost.