West Bengal

Dakshin Dinajpur

CC/5/2023

Smt. Soma Adhikary, W/O- Tushar Kanti Adhikary - Complainant(s)

Versus

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

Debashis Barman

29 Sep 2023

ORDER

The brief facts of the complaint case is that the complainant is an investor of Sahara India Pariwar of O.P. No.1 Balurghat Sector, and O.P. No.2 Kamarpara F.C. Branch, Dakshin Dinajpur and she invested total Rs.2,52,,150/- along with 3487 joining points to the O.Ps in 16 numbers of FD certificates in “Golden 24” Scheme of  Humara India Credit Co-Operative Society Ltd. on 31.05.2018  for a period of 24 months along with respective joining points against which the opposite parties issued 16 (sixteen) separate certificates and the maturity date of above investments was on 31.05.2020 and the  total maturity amount was Rs.3,23,825/- ( Rupees Three lakh twenty three thousand eight hundred twenty five only). The joining point of this aforesaid scheme will be calculated as “one joining may be calculated as Rs.100” which has been mentioned back page of the certificates. After the date of maturity of the above said investments, the complainant went to the office of the O.Ps and submits her prayer for claim of the maturity amount but the O.Ps refused to give the received copy.  Thereafter in different occasions the complainant went to the office of the O.Ps for getting her maturity amount of the aforesaid investments. But in every occasion the O.Ps took new plea.  Till today the O.P. did not pay the maturity amount to the complainant. Lastly on 06.12.2022 the complainant submits her prayer for demand through registry post vide postal receipt No.EW063050900IN. But the O.Ps did nothing. As there is delay in filing the instant case, the complainant has filed a delay condonation petition. Finding no other alternatives the complainant files this instant case against the O.Ps claiming the total maturity amount of Rs.3,23,825/- along with 3487 joining points and maturity benefits, interest as per the terms & conditions laid down in the scheme of “ GOLDEN 24,” compensation of Rs 50,000  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 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 16 (sixteen) Certificates by firisti: -

1. 16 number of original “GOLDEN 24” Certificate issued by Sahara India Ltd. in the name of Soma Adhikary.

Sl No.	Certificate No.	Date	Amount	Maturity date	Maturity value with joining point
1.	438000259450	31.05.2018	Rs.12,400/-	31.05.2020	(Rs.15,555/-+169x100)= Rs.32,455/-
2.	438000259451	31.05.2018	Rs.21,650/-	31.05.2020	(Rs.27,158/-+297x100)= Rs.56,858/-
3.	438000259452	31.05.2018	Rs.12,650/-	31.05.2020	(Rs.27,158/-+298x100)= Rs.51,350/-
4	438000259453	31.05.2018	Rs.21,600/-	31.05.2020	(Rs.27,095/-+295x100)= Rs.51,150/-
5	438000259454	31.05.2018	Rs.21,600/-	31.05.2020	(Rs.27,095/-+275x100)= Rs.54,595 /-
6	438000259455	31.05.2018	Rs.21,600/-	31.05.2020	(Rs.27,095/-+275x100)= Rs.54,595/-
7	438000259456	31.05.2018	Rs.18,950/-	31.05.2020	(Rs.23,771/-+258x100)= Rs.49,571/-
8	438000259457	31.05.2018	Rs.20,100/-	31.05.2020	(Rs.25,213/-+275x100)= Rs.52,713/-
9	438000259458	31.05.2018	Rs.20,100/-	31.05.2020	(Rs.25,213/-+273x100)= Rs.52,513/-
10	438000259459	31.05.2018	Rs.11,850/-	31.05.2020	(Rs.14,865/-+161x100)= Rs.30,965/-
11	438000501454	31.05.2018	Rs.12,000/-	31.05.2020	(Rs.15,053/-+165x100)= Rs.31,553/-
12	438000501455	31.05.2018	Rs.12,000/-	31.05.2020	(Rs.15,053/-+164x100)= Rs.31,453/-
13	438000501456	31.05.2018	Rs.12,000/-	31.05.2020	(Rs.15,053/-+164x100)= Rs.31,453/-
14	438000501457	31.05.2018	Rs.12,000/-	31.05.2020	(Rs.15,053/-+164x100)= Rs.31,453/-
15	438000501458	31.05.2018	Rs.12,000/-	31.05.2020	(Rs.15,053/-+164x100)= Rs.31,453/-
16	438000501459	31.05.2018	Rs.6,650/-	31.05.2020	(Rs.8,342/-+89x100)= Rs.17,242/-
Total Rs. 6,72,525/-

2. Original Postal receipt dt.06.12.2022.

3. Copy of application.

O.P. has 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.Ps.     

                                                     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. 2,58,150/- (rupees two lakh fifty eight thousand one hundred fifty only) under the scheme of “GOLDEN  24” OF Humara India 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 (7) 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 total amount of Rs. 2,58,150/- (rupees two lakh fifty eight thousand one hundred fifty only)under the scheme of “ GOLDEN 24” of Humara India Credit Co-Operative Society Ltd. of opposite party on 31.05.2018 for a period of 24 months against which the opposite parties duly issued 16 (sixteen) separate certificates to the complainant. This is also admitted fact that the maturity period of 24 months was already over on 31.05.2020. This is also not disputed that the complainant has not yet received any single farthing 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 maturity amount of Rs.3,23,825/- along with 3487 joining points and maturity benefits and interest as per the terms & conditions laid down in the scheme of “ GOLDEN 24,” but the O.Ps have violated the terms and conditions and there is no denial of the fact about lack of responsibility in discharging the duty on the part of the O.Ps and their lies deficiency in service on the part of the O.Ps.

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

  Hence, it is

                                                            O R D E R E D

             That the Consumer complaint Case No.05/2023 is allowed on contest in part with cost against the O.Ps. The opposite parties are directed to pay a sum of Rs.3,23,825/- as maturity value of the invested amount and value of the total 3487 joining points i.e. per joining points is of Rs.100/- (3487x100 =Rs.348700) i.e. total amount is (Rs.3,23,825/- + Rs.348700/-) =Rs.6,72,525/- (Six lakh seventy two thousand five hundred twenty five only) 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.Ps are further directed to pay a sum of Rs. 5,000/- for 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.