West Bengal

Dakshin Dinajpur

CC/62/2022

Sri Sanjib Mondal, S/O- Rabindra Nath Mondal - Complainant(s)

Versus

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

Mintu Das

28 Feb 2023

ORDER

The brief facts of the complaint case is that the complainant is an investor of Sahara India Pariwar under Balurghat Franchaisee Branch, Dakshin Dinajpur and he invested the amount of Rs.20,869/- (Rupees Twenty thousand eight hundred sixty nine only) under the scheme of F 36 GOLDEN VM  of  Humara India Credit Co-Operative Society Ltd.  on 23.02.2016  for a period of 36 months against which the opposite party issued a certificate and the maturity date of above investments was on 23.02.2019 and the  maturity amount was Rs.32,055/- ( Rupees Thirty two thousand fifty five only). After the date of maturity of the above said investment, the complainant went to the office of the O.P. on several times and submits his prayer for withdrawal of the maturity amount. But the office of the O.P. refused to give the receive copy. Thereafter the complainant send his prayer for claim of the maturity amount to the O.P. through the registered post, vide postal receipt No.EW946814522IN on 21/04/2022. Till today the O.P. did not pay the maturity amount to the complainant. Finding no other alternatives the complainant files this instant case against the O.P. claiming the maturity amount of Rs.32,055/- (Rupees Thirty two thousand fifty five only) along with interest and benefits as per the terms & conditions laid down in the scheme of F 36 GOLDEN VM, compensation of Rs.10,000/- for mental pain & agony and litigation cost of Rs.10,000/-   

            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 Forum 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 two Certificates by firisti-

Sl No.	Certificate No.	Date	Amount	Maturity value
1	605001165454	23.02.2016	Rs.20,869/-	Rs.32,055/-

2. Postal receipt vide no. EW946814522IN dated 21/04/2022.

            Ops have 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 position that complainant invested a total sum of Rs.20, 869/- (Rupees Twenty thousand eight hundred sixty nine only) under of F 36 GOLDEN VM OF Humara India Credit Co-Operative Society Ltd. of the opposite party, 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 position that the complainant had invested total amount of Rs.20,869/- (Rupees Twenty thousand eight hundred sixty nine only) under the scheme of F 36 GOLDEN VM of Humara India Credit Co-Operative Society Ltd. of opposite party on 23.02.2016 for a period of 36 months against which the opposite party duly issued a certificate to the complainant. This is also admitted position that the maturity period of 36 months was already over on 23.02.2019. This is also not disputed that the complainant has not yet received any single furthering 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.32,055/- (Rupees Thirty two thousand fifty five only) together with interest as per terms and condition of the scheme but the O.P. 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.P. and their lies deficiency in service on the party of the O.P.

 

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

 Hence, it is

                                                     O R D E R E D

             That the Consumer complaint Case No.62/2022 is allowed on contest in part with cost against the O.P. The Opposite party is directed to pay a sum of Rs.32,055/- (Rupees Thirty two thousand fifty five 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. 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.