The brief facts of the case are that on 09.06.2012 the complainant entered into an yearly investment plan @ Rs. 12,000/- per year for a period of 5 years with the Ops and accordingly the complainant has deposited a total sum of Rs/. 60,000/- to the branch manager of the Op vide account No. 54114200682 which has already been matured on 09.06.2017. After maturity the complainant went to the office of the Op for withdrawal of his matured amount i.e more than Rs. 77,700/- (as per calculation given in the pass book and as per statement of the Ops) along with interest but the Op No.1 in various pretext avoided to make payment. The complainant then informed the matter in writing to the Op No.1 on 25.10.2018 but in vain. Then the Complainant on 05.12.2018 made a complaint before the Consumer Affairs Dakshin Dinajpur at Balurghat against the Op No.1 but the Op No.1 denied to appear before the Ld. Consumer Affairs. Due to nonpayment of the maturity amount the complainant suffered irreparable loss and injury and he has been harassed and accordingly the complainant has filed the instant case for a direction upon the Ops for payment of Rs. 77,700/- plus 15% interest for a period of 24 months i.e. Rs.101010/- and further a sum of Rs 30,000/- as compensation for mental pain and harassment and further a sum of Rs 10,000/-as 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 maid 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 documents.
- Passbook vide A/C No. 54114200682.
- Statement of Account Vide No. 54114200682.
- Letter dated 25.10.2018.
- Complaint before the Consumer Affairs dated 05.12.2018.
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 entered into an yearly investment plan @ of Rs. 12,000/- per year for a period of 5 years with the Op and he deposited a total sum of Rs. 60,000/-. So there is no hesitation to hold that the complainant is a consumer to the Ops.
Point No. 2 & 3: These two issues are taken up together for discussion for the sake of convenience and brevity. This is admitted position that the complainant has deposited a sum of Rs. 12,000/- per year for a period of 5 years with the Ops and thus he deposited a total sum of 60,000/- to the branch manager of Op vide A/C No. 54114200682 and the same investment amount has been matured on 09.06.2017. This is also not disputed that the complainant has not yet received any single furthing from the Op against the aforesaid investment.
We have looked into the complainant, 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 77,700/- together interest as per terms and condition of the scheme till realization of the investment amount but the Op has 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 their lies deficiency in service on the part of the Ops.
Hence,
O R D E R E D
That the Consumer complaint case No.72/2019 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. 77,700/- 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 free of cost at once to the parties concerned.
