West Bengal

Dakshin Dinajpur

CC/6/2023

Mr. Arup Kumar Laha, S/O- Late Arun Kumar Laha - Complainant(s)

Versus

The Sector Manager, Sahara India Pariwar, Balurghat Sector - Opp.Party(s)

Debashis Barman

29 Sep 2023

ORDER

The brief fact of the complaint case is that the complainant is an investor of Sahara India Pariwar under Balurghat Sector, Dakshin Dinajpur. The complainant invested amount of Rs.90,000/- (Ninety thousand) only in a FD certificate under the scheme of “GOLDEN -E- BASERA” of Humara India Credit Co-Operative Society Ltd. on 07.07.2020 for a period of 60 months against which the opposite parties issued a certificate vide Nos.697000517103, and the maturity date of the above investment was on 07.07.2025 and the maturity amount was Rs.90,000/- (Ninety thousand) only along with interest of Rs.825/- per month. After commencement of the said policy, the complainant get few monthly  interest of his policies which are duly acknowledged in the back pages of certificate, but thereafter the complainant never gets or received his monthly interest till to date from the O.Ps. Due to his bad pecuniary condition he return back his  pre-matured invested amount along with interest as per terms and condition of the said policy. The complainant went to the office of the O.Ps several times and submits his prayer for withdrawal of the pre-matured invested amount along with interest as per terms and condition of the policy, but the O.Ps. paid nothing. But in every occasion the O.Ps took a new plea. Lastly on 06.12.2022 the complainant submits his prayer for getting his invested amount along with interest by registry post. Till today the O.Ps did not pay the invested amount along with interest to the complainant. Finding no other alternatives the complainant files this instant case against the O.Ps. under the Consumer Protection Act 2019 claiming the total invested amount of Rs.90,000/- (Ninety thousand) only along with interest Rs.825 per-month and benefits as per the terms & conditions laid down in the scheme of “GOLDEN -E- BASERA” compensation of Rs 30,000/- for mental pain & agony and litigation cost of Rs.20,000/-.   

          Notice was issued upon the O.Ps. and the O.Ps. 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.Ps. that due to some litigation pending with SEBI and the Apex Court regarding the financial transaction of the O.Ps group imposed embargo on the movable and immovable properties due to which the payment has remained stopped and the O.Ps 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 Certificate by firisti given below:-

1.     Certificate No.      : 697000517103

         Account No.         : 603888700505

          Date of Opening   : 07.07.2020

          Principal amount   : Rs.90,000/-

          Date of maturity     : 07.07.2025

          Pre-Maturity amount: Rs.90,000/- along with interest of
                                                          Rs.825/- per month

          Name of the Scheme : “GOLDEN -E- BASERA”

          Membership No.         : 660388000231

          Tenurre                        : 60 months

          Branch                        : Balurghat.

2. Copy of application dt. 06.12.2022
3. Postal receipt vide No.EW063050785IN dt.06.12.2022.

           O.P. has also submitted examination in chief by way of affidavit but no document is submitted on the side of the O.P.     

                                                                  Points for discussion

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

 

                                                    DECISION  WITH  REASONS

Point No.1

This is admitted that complainant invested a sum of Rs.90,000/- (Ninety thousand) only in a FD certificate under the scheme of “GOLDEN -E- BASERA” of Humara India Credit Co-Operative Society Ltd. on 07.07.2020 of the opposite parties, So, there is no hesitation to hold that the complainant is a consumer within the meaning under the Consumer Protection Act, 2019.

 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 had invested a sum of Rs.90,000/- (Ninety thousand) only in a FD certificate under the scheme of “GOLDEN -E- BASERA” of Humara India Credit Co-Operative Society Ltd. on 07.07.2020 for a period of 60 months against which the opposite party duly issued a certificate to the complainant. This is also admitted fact that the pre-maturity amount of Rs.90,000/- (Ninety thousand) only along with interest of Rs.825/- per month.  The maturity period of 60 months is not over on 07.07.2025. Due to her bad pecuniary condition he return back his pre-matured invested amount along with interest as per terms and condition of the said policy. This is also not disputed that the complainant has not yet received the monthly interest of Rs.825/- from August, 2020 to March, 2021, but till date he cannot received any interest from the  O.Ps against the aforesaid investments.  

We have looked into the complaint, the written version of the O.Ps and evidence filed by the parties minutely. All these reveal that the complainant is a bona-fide consumer of the O.Ps and she is entitled to get invested principal amount of Rs.90,000/- (Ninety thousand) only along with monthly interest of Rs.825/- x 28 month = Rs.23,100/-together with interest as per terms and condition of the aforesaid scheme but the O.Ps 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.Ps and their lies deficiency in service on the party of the O.Ps.

Accordingly all the points are decided in favour of the complainant against the O.Ps. Thus all the points are disposed of.

 Hence, it is

                                                               O R D E R E D

             That the Consumer complaint Case No.06/2023 is allowed on contest in part with cost against the O.Ps. The Opposite parties is directed to pay invested principal amount of  Rs.90,000/- (Ninety thousand) only and total monthly interest Rs.23,100/- (Twenty three thousand one hundred only) together with interest @ 8% p.a 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. is further directed to pay a sum of Rs.5,000/- (Five thousand) for compensation  and to pay Rs.3,000/- (three thousand) 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.