DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK

Dated the 22nd day of February, 2021

C.D Case No. 35 of 2020

                                        Present 1. Shri Basanta Kumar Mallick, Presiding Member

                                                     2. Afsara Begum, Member

Smt. Annapurna Nayak

W/O Mahendra Nath Nayak

At- Naripur,

Po- Bhadrak,

Ps- Bhadrak (T),

Dist- Bhadrak                                                                          

                                                                                          …………..  Complainant

                                                                      Versus

1. The Sector In-Charge, Sahara Q Shop Unique Products Range Ltd.                    Bhadrak Sector Office- In front of Behera Market Complex, Slandi By-pas Po/Ps/Dist- Bhadrak- 756100

2. Sahara Q Shop Unique Products Range Ltd.                    .

Sahara India Bhawan, Kapoorthala Complex, Aliganj, Lucknow- 226024

                                                                                           …….OPPOSITE PARTIES                                                       

Counsel For Complainant: Sri D. Nayak, Adv & Others

Counsel For the OPs        :  Sri M. P. Singh, Adv

Date of hearing:   17.02.2021

Date of order:       22.02.2021

BASANTA KUMAR MALLICK, PRESIDING MEMBER

               This dispute arises out of a complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.Ps. The facts of the complaint are to the effect that the complainant is a bonifide investor under Sahara India Q Shop Plan-H, popularly known as SAHARA INDIA LTD, a non-banking financial institution accepting deposit from the common people in shape of term/fixed deposit for a specific period and to sell the product of the company through the Sector Offices and other outlets. Being motivated by the Sector Manager with a promise and assurance for alluring return, the complainant invested a sum Rs 12,050/- under Q-Shop plan for a period of 6 years (72 months) which was to be matured on 18.06.2018. The total amount invested by the complainant was Rs 12,050/- in the account as against which the complainant was to receive Rs 25,667/- on the date of maturity and the value of the product consumed by the investor was to be deducted from the above mentioned maturity value. It is also a fact that, whenever the complainant demanded for purchase of product/commodity, the Sector Office failed to provide the products stating that this Sector Office does not deal with any product and also assured to pay back the maturity value in shape of cash. But on the date of maturity when the complainant demanded for payment of the maturity value, the O.Ps did not pay the same on the date of maturity. As such the O.Ps are liable to pay Rs 25,667/- as on the date of maturity. The details of investment and maturity value are mentioned here under in a table.

Although the counsel for O.Ps appeared before the Commission but did not file any written version nor attended the Court till the case was ex-parte against the O.Ps on 08.12.2020. This clearly shows that O.Ps are not in mind or not interested to conduct the case.   

                   That after the date of maturity, the complainant has time and again requested the Sector Manager and Territorial Head for payment of maturity value but all of his efforts became fruitless as neither the Sector Manager nor the Regional Manager & Territorial Head paid any heed to his request which amounts to deficiency of service and unfair trade practice. Being aggrieved with the attitude and behavior of the officers in position, the complainant filed this case requesting proper adjudication and disposal of the case with a direction to the O.Ps for payment of maturity value together with future interest as on the date of payment along with cost & compensation. The complainant has also served legal notice on the O.Ps for payment of maturity value which is not responded by them. 

                    From the above facts and circumstances it is understood that the O.Ps have intentionally and deliberately caused inordinate delay in payment of the maturity value of the above mentioned account which amounts to deficiency of service and unfair trade practice. It is also felt that the amount deposited by the complainant was his hard earned money saved/invested with the O.Ps to meet the expenses of his future requirements.     

                       Therefore it is felt necessary to allow the case for payment of the maturity value as mentioned in the above table together with future interest and cost & compensation.       

                                                                             ​ORDER

                     In the result, the complaint be and the same is allowed against the O.Ps with cost and compensation. O.Ps are directed to pay maturity value of Rs 25,667/- along with future interest along with compensation of Rs 2,000/- for mental agony and harassment and Rs 1,000/- towards cost of litigation. This order must be complied within 30 days from the date of receipt of order failing which additional 7% interest P.A shall be charged on the awarded amount from the date of order till the date of payment. 

                     This order is pronounced in the open Court on this day of 22^nd   February, 2021 under my hand and seal of the Commission.