West Bengal

Dakshin Dinajpur

CC/100/2018

Sri Prasenjit Saha, S/O- Late Rampada Saha - Complainant(s)

Versus

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

Mintu Das

21 Aug 2019

ORDER

The brief facts of the complaint case are that the complainant is an investor of Sahara India Pariwar Balurghat Sector and he invested total Rs. 20,000/- only under Saraha Q shop unique product scheme on 07.08.2012 and 31.08.2012 respectively against which opposite party duly issued two certificate vide No. 562014625974 & 562014625808 to the complainant (Rs.13000/- on 07.08.2012 & Rs. 7000/- on 31.08.2012). As per terms of the scheme the invested amount can be withdrawn at any time after expiry of six years. The complainant is a business man and for the purpose of his business he was in urgent need of money before Durga Puja and accordingly on 04.10.2016 he went to the office of the Op and submitted his prayer for withdrawal of the invested amount but the Op refused to accept his prayer. The complainant then sent the prayer through registered post on 09.10.2018 which was duly received by the Op on 10.10.2018. Thereafter on several occasion complainant went to the Op for getting the payment of those certificates but in every occasion the Op took a new plea and did not pay the amount to the complainant.

            The complainant is entitled to claim amount of Rs.14928.90/- against the certificate No. 562014625808 dt. 17.08.2012 and Rs. 27725.10/- against the certificate No. 562014625974 dt. 31.08.2012 i.e total Rs. 42654/- from the opposite party together with compensation of Rs.10,000/- for mental pain and agony and a sum of Rs. 5000/- as litigation  cost. Hence this case.

            Notice was issued upon the opposite party and the op 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 Forum 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. Certificate No. 562014625808 dt. 17.08.2012 of Rs. 13,000/-
2. Certificate No. 562014625974 dt. 31.08.2012 of Rs. 7,000/-
3. Postal Receipts & Track Report.

 

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

                      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 position that complainant invested a total sum of Rs. 20000/- under Sahara Q shop unique scheme, So there is no hesitation to hold that the complainant is a consumer within the meaning under section 2 (1) (d) of Consumer Protection Act 1986.

 

 Point No.2 & 3 These two issues are taken up together for discussion for the sake convenience and brevity. This is admitted position that the complainant had invested total Rs. 20000/-  only  (i.e. Rs.13000/- & Rs.7000/-)  under Sahara Q shop unique product scheme on 07.08.12. and 31.08.12 respectively and the opposite party duly issued two certificate vide No. 562014625974 & 562014625808 to the complainant and as per terms and conditions  the investment amount can be withdrawn after expiry of 72 months and total benefit under plan H on consumption/purchase of Sahara Q shop hospitality product would amount to Rs.42654/-.

This is the case of the complainant that the complainant was in urgent need of money and accordingly on 04.10.2016 he went to the Op to submit his application for withdrawal of the investment amount but the Op refused to take the same, the complainant then sent his prayer to the Op through registered post on 09.10.2018 which was duly received by the Op on 10.10.2018. Thereafter the complainant went to the office of the opposite party on different occasion for getting payment against those certificates but the Op did not pay the 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. 42654/- 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 come to the office 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. Hear we find that the complainant is a bone-fide consumer to the Op and such nonpayment of the investment amount led the complainant to file the instant case before this Forum. There is no hesitation to hold that Op has neglected to discharge his duty and there is enough deficiency in service on the part of the Op. Under such circumstances the complainant is entitled to get  investment amount of Rs.42654/-  together with interest and litigation cost from the opposite party. 

            All the issues are thus disposed of accordingly. In the result the case succeeds in part on contest.

 

              Hence, it is

                                                O R D E R E D

             That the Consumer complaint Case No.100/2018 is allowed on contest in part with cost against the Op. The Opposite party is directed to pay a sum of Rs. 42654/- as maturity value of the invested amount together with interest @ 8% p.a. 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 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.