West Bengal

Dakshin Dinajpur

CC/76/2022

Sri Ashim Kr. Saha, S/O- Late Anil Kr. Saha - Complainant(s)

Versus

The Sector Manager, Sahara India Franchisee Branch, Hili Sector - Opp.Party(s)

Mintu Das

30 Mar 2023

ORDER

 

               The brief facts of the complaint case is that the complainant is an investor of Sahara India Pariwar under Hili Sector and he invested total sum of Rs.23,300/- only in two installments i.e. (Rs.12,450 + Rs.10,850/-)  under Sahara Q shop unique product Range Limited Plan H scheme on 10.05.2012 and 07.09.2012 against  which opposite party duly issued two certificates vide No.562014629310 and 562000551229 in favour of the complainant and the said certificates was matured on 10.05.2018 & 07.09.2018.  As per terms of the scheme the invested amount can be withdrawn at any time after expiry of six years. After the expiry of six years the complainant went to the office of the O.P. and submitted his prayer for withdrawal of the maturity amount but the O.P. did not show any interest in returning the said money. The complainant then sent the prayer through registered post on 30.07.2022. Thereafter on several occasion complainant went to the office of the O.P. for getting the payment of aforesaid certificates but in every occasion the O.P. did not pay the maturity amount to the complainant. Finding no others alternatives the complainant filed this instant case against the O.P. claiming principal amount of Rs.23,300/- along with benefit and interest as per Sahara Q Shop plan H Scheme , compensation of Rs 10,000/- for  mental pain & agony & litigation cost of Rs 10,000/-.

            Notice was issued upon the opposite party and the O.P. appeared 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 opposite party that due to some litigation pending with SEBI and the Apex court regarding the financial transaction of Op group the payment has remained stop and the opposite party craves 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 following documents by firisti:

1. Two Certificates No.562014629310 and 562000551229 in the name of Ashim Kr Saha ( money receipt)
2. Postal Receipts dated 30.07.2022 vide No.RW903799385IN.
3. An application for getting the maturity amount.

Opposite party have also submitted examination in chief of Opw-1 by way of affidavit but no document is submitted on the side of the opposite parties.     

 

                                  Points for discussion

 

1. Is the complainant a consumer to the opposite party?
2. Is there any deficiency in service on the part of the opposite party?
3. Is the complainant entitled to get any relief/reliefs as prayed for?

                                   DECISION  WITH  REASONS

 

Point No.1  This is admitted fact that complainant invested a total sum of total Rs.32,300/- under Sahara Q shop unique plan H scheme, So there is no hesitation to hold that the complainant is a consumer within the meaning under the Consumer Protection Act 2019.

Point 2 & 3  These two issues are taken up together for the sake of convenience and brevity. This is admitted fact that the complainant had invested Rs.23,300/- under Sahara Q shop plan H scheme on 10/05/2012 and 07.09.2012 the O.P. duly issued two certificates vide No.562014629310 and 562000551229 in favour of the complainant. As per the terms and condition of the Sahara Q shop plan H Scheme the investment amount can be withdrawn after expiry of six years.

           This is the case of the complainant that after the expiry of 6 years, the complainant due to some personal financial crises went to the office of the O.P. and submits her application for withdrawal of the investment amount but the O.P. refused to take the same, the complainant then sent her prayer to the O.P. through registered post on 30.07.2022. Thereafter the complainant went to the office of the O.P. for getting the payment against the certificate but the O.P. did not pay the maturity amount to the complainant.

 On perusal of the materials and evidence submitted on the side of the complainant it is clear that the complainant is entitled to get Rs.49,630/-(calculated as per the calculation given in the reverse page of the certificate) with interest as per terms and conditions given in the certificate. OP claimed that as per terms and conditions of Sahara Q Shop Hospitality products the complainant did not purchase any article under the scheme nor he came to the office of the OP to solve the problem. But on careful scrutiny of the terms and conditions stated on the reverse page of the certificate we do not find any materials to hold that for none purchasing of articles under Q shop plan H the investor will not be entitled to get his investment amount. It is clear from the fact and circumstances of the case the OP has violated the terms and conditions given in the certificate. Here, we find that the complainant is a bone-fide consumer to the O.P. and such nonpayment of the investment amount let the complainant to file the instant case before this Commission. There is no hesitation to hold that O.P. has neglected to discharge his duty and there is enough deficiency in service on the part of the O.P. Under such circumstances the complainant is entitled to get the maturity amount of Rs.49,630/- together with interest and litigation cost from the opposite party. 

            All the issues are thus disposed of accordingly.

 Hence, it is

                                                               O R D E R E D

             That the Consumer complaint Case No.76/2022 is allowed on contest in part with cost against the O.P.

The Opposite party is directed to pay a sum of Rs.49,630/- (Rupees forty nine thousand six hundred thirty) 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 complaint within 45 days from the date of passing this order. The Op is further directed to pay Rs. 5,000/- compensation and Rs.5,000/- 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.