West Bengal

Dakshin Dinajpur

CC/73/2019

Sri Ayan Sarkar, S/O- Late Manash Sarkar - Complainant(s)

Versus

The Manger/Authorised Person, Hili Franchisee Branch, Sahara India Pariwar - Opp.Party(s)

04 Feb 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
Dakshin Dinajpur, Balurghat, West Bengal
Old Sub jail Market Complex, 2nd Floor, P.O. Balurghat, Dist. Dakshin Dinajpur Pin-733101
 
Complaint Case No. CC/73/2019
( Date of Filing : 05 Jul 2019 )
 
1. Sri Ayan Sarkar, S/O- Late Manash Sarkar
Vill- Basudevpur, P.O. & P.S.- Hili, Pin- 733126
Dakshin Dinajpur
West Bengal
...........Complainant(s)
Versus
1. The Manger/Authorised Person, Hili Franchisee Branch, Sahara India Pariwar
Vill-Hili (Near Bus Stand), P.O. & P.S.- Hili, Pin- 733126
2. The Authorised Officer, Balurghat Franchisee Branch, Sahara India Pariwar
Biswaspara, Sri Krishna Complex, P.O. & P.S.- Balurghat, Pin- 733101
Dakshin Dinajpur
West Bengal
3. The Sahara Credit Co-Operative Society Ltd., Represented By Authorised Officer, Sahara India Bhawan
01, Kapoorthala Complex, Aliganj, Lucknow- 226024
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. JUSTICE Krishna Podder PRESIDENT
 HON'BLE MRS. Rumki Samajdar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 04 Feb 2020
Final Order / Judgement

                             The nutshell of the case is that the Complainant on 60/11/2013 has enter into an yearly investment plan @ 12000 per year for a period of 5 years as mentioned in the 2nd page of the Pass Book. The complainant has deposited a total amount of Rs.60,000/- to the branch of the opposite parties at Hili F.C. by vide A/c No.54114800635 which has already been matured on 06.11.2018 . After the maturity the complainant went to withdraw his matured amount i.e. more than Rs.77,700/- along with interest but the opposite party No.1  did not pay any heed. Then on 07/11/2018 the complainant informed the op No. 1 in writing but they did nothing. Thereafter on 05/12/2018 the complainant made a complaint before the Consumer Affairs, Dakshin Dinajpur at Balurghat against the op No. 1. The op No.1 denied to appear before the Consumer Affairs . Due to the non payment of the maturity amount the complainant suffered a great irreparable loss and injury. Finding no other alternatives the complainant filed this instant case praying for passing on order directing the Ops to make payment of Rs. 77,700/- plus 15% interest for a period  of 8 months i.e. Rs. 85,470/- and sum of Rs. 30,000/- towards the Compensation for mental pain & harassment and Rs. 10,000/- as litigation cost.

 

                           The Ops i.e. 1,2 & 3 entered into appearance and Contesting the case by filing written version stating inter-alia that the case is not maintainable . It has further stated that due to litigation pending with SEBI, the Apex court has imposed Embargo on the movable & immovable properties of the Sahara group of companies . So, the op prayed for the Dismissed of the instant case.

In this case complainant has submitted his examination-in-chief supported by affidavit to along with following documents.

1.Passbook vide A/c No.-54114800635.

2.Statement of Account Vide No.- 54114800635.

3.letter dated. 07/11/2018.

4.Complaint before the Consumer Affair's Dated 05/12/2018.

 

                                  Ops have also filed examination-In Chief of the sector Manager of Sahara India Pariwar of Hili branch Dakshin Dinajpur but no documents were filed on behalf of the ops.

 

                                         Points for discussion

 

1. Is the complainant Consumer as per the provision of Consumer Protection Act 1986?               

2. Whether there is any deficiency in service on the part of the ops ?

3. Whether the complainant is entitled to get any relief/reliefs as prayed for?

 

                                       

 

 

 

 

                                        Decision with reasons

 

Point No.1: 

                     This is the admitted fact the complainant entered into yearly investment plan @ Rs. 12000 per year for a period of 5 years with the ops and the complaint has invested total amount of Rs. 60,000/- so there is no hesitation to hold the complainant is a consumer to the ops.

 

Point No. 2 & 3:            

                     These two points are taken up together for discussion for the sake of convenience and brevity .

                      It is the case of the complainant that he has entered in to an yearly investment plan @ 12,000/- per year for a period of 5 years with the ops. The complainant has deposited a total sum of Rs. 60,000/- to the Hili Branch office of Sahara Company vide account No. 54114800635 Which was already matured on 06/11/2018. After the maturity whenever the complainant went to withdraw his matured amount i.e. more than 77,700/- along with interest, the Ops has misguided the complainant . Then on 07/11/2018 the complainant informed the op in writing but the ops did nothing. The grievances of the complainant are admitted by the Ops. The ops has not disputed the quantum of deposited amount by the complainant at any point of time.

                       On perusal of the evidence, documents filed by the parties we find that the complainant has not get his aforesaid maturity amount from the ops till date which he has invested under the Sahara M Benefit scheme. The complainant is a bona-fide Consumer of the Ops, and he is entitled to get maturity amount of Rs. 77,700/- together with interest as per terms and condition of the scheme till realization of the invested amount . But the Ops did not pay the maturity amount with interest to the complainant and violated the terms and condition of the scheme . Therefore we are of the opinion that Ops have neglected to discharge their duties and there is deficiency in service on the part of the Ops. Under the fact & circumstances of this case complainant is entitled to get  the maturity amount of Rs. 77,000/- along with interest and litigation cost from the ops .

 

                      All the issues are thus disposed of accordingly .

 

Hence it is .

 

ORDERED

 

                     That the consumer Complaint case No. 73/2019 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. from the date of maturity till realization by issuing one account payee cheque 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. 5,000/- towards litigation cost in default the complainant is at liberty to execute the order as per law.

 

 

            Let a plain copy of this order be furnished to the parties forthwith free of cost.

 
 
[HON'BLE MRS. JUSTICE Krishna Podder]
PRESIDENT
 
 
[HON'BLE MRS. Rumki Samajdar]
MEMBER
 

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