Date of filing : 03.12.2018

Judgment : Dt.10.02.2020

Mrs. Sashi Kala Basu, Hon’ble President

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by (1) Bablu Das and (2) Laxmi Das alleging deficiency in service on the part of the opposite parties (referred as OP hereinafter) namely (1) The Managing Director Sahara Q. Shop Unique Products Range Limited, (2) The Branch Manager, Barabazar and (3) The Sector Manager, Sahara Q. Shop Unique Products Range Limited,

            Case of the Complainants, in short, is that they invested Rs.40,000/- each on 13.8.2012 with the OP on the head of Advance for Q Shop G Goods Plan-H. vide receipts No.71011116939 No.71011116943, No.71011116942, No.71011116941 and No.71011116040. These five receipts were issued by the OP on receiving total sum of Rs.2,00,000/- from the Complainants. Complainant No.2 further invested an amount of Rs.25,000/- on 27.8.2012 vide receipt No.71011840652 with the assurance that in the event of money back option Rs.20,000/- shall be returned after six years to the tune of Rs.42,654/-. That the Complainants prior to the completion of six years reminded the OPs through personal representation to get back the invested amount along with assured benefit. But, the OPs advised the Complainants to redeposit the said amount. When the Complainants refused for further investment of the amount, OPs refused to refund the amount. So, a notice was sent dt.8.8.2018 by the Complainants through their Ld. Advocate to refund the invested amount. But the OPs paid no heed. So, the present complaint has been filed praying for directing the OPs to refund the invested amount along with assured benefits immediately.

            Complainants have annexed with the complaint petition copy of the 5 receipts and also the certificates showing payment of Rs.40,000/- each and the receipts including deposit of Rs.25,000/- on 27.8.2012 and the copy of the notice dt.8.8.2018.

            On perusal of the record, it appears that OP No.2 has contested the case by filing written version contending specifically that despite several requests after receiving legal notice from the Complainants, Complainants did not produce the original Sahara Q. Shop Unique Products Range Limited certificates for their internal process for disbursement of the payment. It is further contended that due to the dispute with the SEBI, there has been delay in payment on the part of the OPs. So, OPs have prayed for dismissal of the case.

            Case has been heard ex-parte against OP No.1 & 3 as they did not take any step in spite of service of notice.

            During the course of trial, Complainants filed their affidavit-in-chief. But no questionnaire was filed by the contesting OP No.2. Neither any evidence was filed by the OPs. So, ultimately argument has been advanced by the Complainants and the Ld. Advocate appearing for the OP No.2.

            So, the only point requires determination is whether the Complainant is entitled to the relief as prayed for?

Decision with reasons

            In order to substantiate their claim that they invested Rs.40,000/- each with the OP under the scheme Sahara Q. Shop Unique Products Range Limited on 13.8.2012 and they were issued certificate and the receipts by the OPs, Complainants have filed these certificates bearing No.562010149719, 562010149720, 562010149721, 562010149722 and 562010149723 and receipts bearing No.071011116939, No.071011116943, No.071011116942, No.071011116941 and No.071011116040. Complainants have also filed the receipt dt.27.8.2012 showing investment of Rs.25,000/- with the OPs. On perusal of the terms and conditions appearing in these certificates, it appears that there is no specific date mentioned regarding the maturity of the said investment/deposited amount. However, the customer/Complainants were entitled to get cumulative benefit of earning LBP in 72 months suggesting that the customers were entitled to said cumulative benefits after six years. Terms and conditions mentioned therein also appears to be subject to consumption of the product therein and thus earning the points thereby.

            However, as apparently a sum of Rs.2,00,000/- in total and further Rs.25,000/- were paid by the Complainants to get the said benefit, Complainants are entitled to the amount as prayed in terms and conditions mentioned therein specially when the issuance of those certificates and receipts have not been denied by the OPs. On the contrary, it is specifically claimed by the OP No.2 that the Complainants did not deposit the originals for their internal process for disbursement of the amount strengthening  the claim of the complainant they invested total sum of Rs.2,00,000/- and Rs.25,000/-. So, the Complainants are entitled to the payment as per the terms and conditions mentioned in those certificates. Be it mentioned here that a petition supported by an affidavit is filed by the Complainants stating that barring this case Complainants have not filed any other case relating to these certificates before any other Forum including SEBI.

            Hence

                           ordered

            CC/654/2018 is allowed on contest against OP No.2 and ex-parte against OP No.1 & 3. OPs are directed to pay the matured sum to the Complainants as per the terms and conditions in the certificates, within two months from the date of this order subject to handing over of the certificates in original and the receipts, to the OPs. The OPs are further directed to pay litigation cost of Rs.10,000/- within the aforesaid period of two months.