The brief facts of the complaint case is that the complainant is an investor of Sahara India Pariwar under Hili F.C. Branch Dakshin Dinajpur. The complainant entered into an daily investment plan @ Rs.200 per day vide a/c no. 54116200376 for a period of 12 months (as per the terms and conditions 25 days in a month) on 23.09.2016 under the scheme of Sahara Minor of Sahara Credit Co-Operative Society Ltd. The complainant has deposited a total amount of Rs.67,800/- and the maturity date of the above investments was on 23.09.2017 . After the date of maturity of the above said investments, the complainant went to the office of the O.P. no.1 to withdraw his maturity amount with interest but O.P. no.1 misguided the complainant in various ways. Then on 02/11/2018 the complainant informed the matter to the O.P.no.1 in writing. In spite of receiving the aforesaid letter, the O.P.s did nothing. Thereafter the complainant made a complaint before the consumer Affairs, Dakshin Dinajpur on 06/12/2018 against the O.Ps. but did not appeared. Due to the illegal activities of the O.P.s the complainant suffered a great irreparable loss and pecuniary injury. Till today the O.P.s did not pay the maturity amount to the complainant. Finding no other alternatives the complainant files this instant case against the O.P.s u/s 12 of C.P.Act,1986 claiming the maturity amount of Rs.68717 along with interest 15% p.a. for the period of 21 month, compensation of Rs 30,000/- for mental pain & agony and litigation cost of Rs.10,000/-.
Notice was issued upon the O.P.s and the O.P.s entered appearance and contested the case by filing a written version wherein the material averments made in the complaint are denied and it has been contended inter alia that the instant case is not maintainable. It has been submitted by the O.P.s that due to some litigation pending with SEBI and the Apex Court regarding the financial transaction of the O.P.s group imposed embargo on the movable immovable properties due to which the payment has remained stopped and the O.P.s crave leave of this Commission and prays for dismissal of the instant case.
In this case complainant has submitted examination in chief supported by affidavit together with original copy of following documents by firisti
1.Passbook vide A/C no54116200376 in the name of Pralay Raha
2. Statement of account vide no.54116200376.
3.Letterdated 02/11/2018.
4.Complaint petition before Consumer Affairs dated 06/12/2018.
O.P.s had also submitted examination in chief of OPW-1 Joy Dutta Gupta by way of affidavit but no document is submitted on the side of the O.P.s.
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 No.1: This is admitted fact by both the parties that complainant invested a total sum of Rs.67800/- (rupees sixty seven thousand eight hundred only) under the scheme of Sahara Minor of Sahara Credit Co-Operative Society Ltd. of the opposite parties, So, there is no hesitation to hold that the complainant is a consumer within the meaning under section 2 (1) (d) of Consumer Protection Act 1986.
Point No.2 & 3: These two issues are taken up together for discussion for the sake of convenience and brevity. This is admitted fact that the complainant invested Rs. 67800/- (rupees sixty seven thousand eight hundred only) in an daily investment plan namely Sahara Minor @ Rs. 200 per day for a period of 12 months vide a/c no 54116200376. This is also admitted fact that the maturity period of 12 months was already over on 23.09.2017. This is also not disputed that the complainant has not yet received any single furthering from the O.P.s against the aforesaid investments.
We have looked into the complaint, the written version of the O.P.s and evidence filed by the parties minutely. All these reveal that the complainant is a bona-fide consumer of the O.P.s and he is entitled to get maturity amount of Rs.68,717/- (Sixty eight thousand seven hundred seventeen only) (calculated as per the chart mentioned in the passbook) together with interest as per terms and condition of the aforesaid scheme but the O.P.s have violated the terms and conditions and there is no denial of the fact about lack of responsibility in discharging his duty on the party of the O.P.s and their lies deficiency in service on the part of the O.P.s.
Accordingly, all the points are decided in favour of the complainant against the O.P.s. Thus all the points are disposed of.
Hence, it is
O R D E R E D
That the Consumer complaint Case No.66/2019 is allowed on contest in part with cost against the O.P.s. The Opposite parties are directed to pay a sum of Rs68,717/-( Sixty eight thousand seven hundred seventeen only) as maturity value of the invested amount together with interest @ 8% p.a. from the date of maturity till realization by issuing an account payee cheque in favour of the complainant within 45 days from the date of passing this order. The O.P.s are further directed to pay a sum of Rs. 5000/- towards litigation cost in default complainant has liberty to execute the order as per law.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
