West Bengal

Dakshin Dinajpur

CC/78/2021

Mr. Pradip Kumar Barman, S/O- Dhaneshwar Barman - Complainant(s)

Versus

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

Debashis Barman

10 Aug 2022

ORDER

The brief fact of the complaint case is that the complainant is an investor of Sahara India Pariwar. The complainant invested the total amount of (Rs. 15,000/- + Rs. 15,000/- + 15000 +15000) = 60,000/- in four different policies under the scheme of Sahara. E. Shine on   23.04.2011   for a period of 96 months against which the O.P. issued four certificates vide No. 351000026803, 351000026804, 351000026805 and 351000026806 respectively. After the date of maturity (23.04.2021) of the aforesaid investments the complainant went to the office of the O.P. in different occasions for getting his maturity amount along with benefits and interest. But in every occasion the O.P. took a new plea and did not paid the maturity amount to the complainant. Lastly on 08.12.2021 the complainant submits his prayer for getting his maturity amount by registry post. Thereafter in several occasions the complainant went to the office of the O.P. for getting his maturity amount of the aforesaid investments. But the O.P. was adopting a dilatory tactics to disburse the maturity amount of the policies. Till today the O.P. did not pay the maturity amount to the complainant. The complainant invested the aforesaid amount for the better future and to fulfill his needs at the time of crisis but due to the negligent act of the O.P. the complainant files this instant case against the O.P. u/s 35 of C.P. Act 2019 claiming the maturity amount of Rs145920/- (Rs.  36480 + 36480,/- + Rs. 36480/-+36480/-) along with interest  and benefits as per the terms and conditions laid down in the scheme of “Sahara –E Shine” and compensation of Rs. 50,000/- for mental pain and agony ,Rs 20,000/-as litigation cost.

 

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

Sl No.	Certificate No.	Date	Amount	Maturity date	Maturity amount
1.	351000026803	23.04.2011	Rs15000/-	23.04.2021	Rs 36480/-
2.	351000026804	23.04.2011	Rs.15,000/-	23.04.2021	Rs 36480/-
3.	351000026805	23.04.2011	Rs15,000/-	23..04.2021	Rs 36480/-
4.	351000026806	23.04.2011	Rs 15000/-	23.04.2021	Rs 36480/-

 

2. One original postal receipt vide no.EW884461006IN.

3. Copy of application before the sector manager Sahara dated 08.12.2021.

           O.P. 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.    

                            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 Rs. (15000/-+15000/-+15000/- +15000/-) = Rs 60,000/- ( Rupees sixty  thousand only) under  the scheme of Sahara E Shine  of the opposite party. So, there is no hesitation to hold that the complainant is a consumer within the meaning under section 2 (7)(1)  of 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 Rs. 60,000/- ( rupees sixty thousand only) under Sahara .E. Shine  Scheme of Sahara Credit Co-Operative Society Ltd. of the opposite party on 23.04.2011 for a period of 96 months against which the opposite party duly issued four certificates to the complainant. This is also admitted fact that the maturity period of 96 months was already over on 23.04.2021. This is also not disputed that the complainant has not yet received any single farthing from the O.P. against the aforesaid investments.

 

We have looked into the complaint, the written version of the O.P. and evidence filed by the parties minutely. All these reveal that the complainant is a bona-fide consumer of the O.P. and he is entitled to get maturity amount of Rs.145920/- (rupees one lakh forty five thousand nine hundred twenty only)  together with interest as per terms and conditions of the aforesaid scheme but the O.P. has violated the terms and conditions and there is no denial of the fact about lack of responsibility in discharging his duty on the part of the O.P. and their lies deficiency in service on the part of the OP..

 Hence, it is

                                                    O R D E R E D

           That the Consumer complaint Case No.78/2021 is allowed on contest in part with cost against the O.P. The Opposite party is directed to pay a sum of Rs 145920/-(one lakh forty five thousand nine hundred twenty 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. is 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.