The facts of the case in short is that on 22.04.2013 the complainant had entered into a monthly investment plan @ Rs. 2,000/- per month for a period of 60 month (mentioned in the second page of the passbook) and accordingly the complainant had deposited a total sum of Rs. 108000/- to the branch of the Op No.3 vide account No. 54114800203 and the said investment has already been matured on 22.04.2018 with maturity amount of Rs.139860/- (as per calculations given in the last page of the pass book). After maturity as and when the complainant went to withdraw the matured amount along with interest the Op No.1 in different new plea avoided to make payment. Lastly on 27.06.2019 the complainant over telephone enquired the matter to the authority of Op No.1 but in spite of that the Op did nothing. Under such circumstances the complainant filed the instant case with a prayer to direct the Op to pay sum of Rs 1,39,860/- plus 15% interest for a period of 14 months i.e. Rs. 24,475/- total (Rs.139860 + Rs.24,475 = Rs. 1,64,335/-) and up to date interest and further a sum of Rs. 30,000/- towards compensation for mental pain and harassment caused to the complainant and further a sum of Rs. 10,000/- towards litigation cost.
Notice was issued upon the Ops and Op No. 1,2, and 3 have entered appearance and contested the case by filing written version wherein the material averments made in the complaint are denied and it has been contended inter alia that the instant is not maintainable. It has been submitted by the Ops that due to some litigations pending with SEBI and the Apex court regarding the financial transaction of Op group the payment has remained stopped and the Op craves leave of this Forum and prays for dismissal of the instant case.
In this case complainant has submitted her examination in chief supported by affidavit together with following document.
- Original pass book vide A/C No. 54114800203.
Ops have also submitted examination in chief of the sector manager of Sahara India Pariwar Balurghat sector Sri Joy Dutta Gupta by way of affidavit but no document is submitted on the side of the Op.
Points for discussion:
- Is the complainant a consumer to the opposite parties?
- Is there any deficiency in service on the part of the opposite parties?
- Is the complainant entitled to get any relief/reliefs as prayed for?
DECISION WITH REASONS
Point-1: This is admitted position that the complainant has entered into a monthly plan @ Rs. 2000/- per month for a period of 60 months and accordingly he had deposited a total sum of Rs 1,08008/- to the branch of the Op No.3 vide A/C No. 54114800203. So there is no hesitation to hold that the complainant is a consumer to the Ops.
Point No. 2 & 3: Both the issues are taken up together for discussion for the sake of convenience. This is admitted fact that the complainant had entered into a monthly installment plan @ Rs. 2000/- per month for a period of 60 months and accordingly he had deposited a total sum of Rs. 108008/- to the branch of the Op No.3 vide A/C No. 54114800203 and the said investment has already been matured on 22.04.2018. This is also not disputed that the complainant has not yet received any single furthering from the opposite party against the aforesaid investment.
We have gone through the complaint, the written version of the Ops, evidence and documents filed by the parties minutely. All these reveal that the complainant is a bona fide consumer of the Ops and she is entitled to get maturity amount of Rs 1,39,860/- together interest as per terms and condition of the scheme till realization of the investment amount but the Ops have violated the terms and condition and there is no denial of the fact about lack of responsibility in discharging duty on the part of the ops and there lies deficiency in service on their part.
Hence,
O R D E R E D
That the Consumer complaint case No.68/2019 be and the same is allowed on contest in part with cost against the Ops. Op No. 1, 2 & 3 are directed to pay a sum of Rs. 1,39,860/- ( Rs. One Lakh thirty nine thousand eight hundred sixty ) only as maturity value of the invested amount together with interest @ 8% p.a till realization by issuing an account payee chaque in favour of the complainant within 45 days from the date of passing this order. The Ops are further directed to pay a sum of Rs.5000/- towards litigation cost i.d. complainant has liberty to execute the order as per law.
Let a plain copy of this order be supplied to the parties free of cost.
