West Bengal

Dakshin Dinajpur

CC/50/2022

Mr. Kajal Kumar Laha, S/O- Late Nirmal Laha - Complainant(s)

Versus

The Sector Manager, Sahara India Pariwar, Kamarpara F.C. Branch - Opp.Party(s)

Debashis Barman

16 Feb 2023

ORDER

The brief fact of the complaint case is that the complainant is an investor of Sahara India Pariwar. The complainant invest a total sum of Rs.60,000/- for a term of 36 months under the scheme of “Super BB” on 23.05.2018 and the O.P. issued one certificate under the scheme of Super BB maturing on 23.05.2021 along with 755 joining points. It is also mentioned in the policy certificates that each joining points may be calculated as Rs 100.  The above mentioned policy is in the name of the complainant. After the maturity of the above mentioned policy the complainant wants to get his maturity amount and submits his prayer to the office of the O.P. on several times and asked for encashment of those matured certificates. But the O.P. did not co-operate with the complainant and refused to give the received copy of his prayer.  Lastly, the complainant on 06.05.2022 submits his prayer for claim to the O.P. through the registry post, vide postal receipt no RW957772412IN. The complainant deposited the above mentioned money for his better future and to fulfill his needs at the time of crisis. But till today the complainant did not get his maturity amount. Due to the illegal activities of the O.P. the complainant suffered irreparable loss and pecuniary injury.  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 principle amount of Rs.60,000/- with the maturity value of 755 joining points along with maturity benefits and interest as per the “SUPER BB” scheme and compensation of Rs. 20,000/-, Rs 10,000/-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. craves 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 one Certificate by firisti: -

Sl No	Certificate No.	Date	Invested  Amount	Maturity date	Maturity Amount along with Joining point amount
1.	467004247039	23.05.2018	Rs.60,000/-	23.05.2021	(60,000 +755x100)=135,500/-

 

2.  Letter dated 06 .05.2022.

3. Postal receipt vide no. RW957772412IN.

4. Xerox copy of Aadhaar card.

            O.P. had also submitted examination in chief of OPW-1 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.60,000/- ( rupees sixty  thousand ) only under the scheme of SUPER BB of the opposite party. And it is also admitted by the opposite party in his written version that complainant is one of the valuable customers 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 invested a sum of Rs 60,000/- for a term of 36 months and the O.P. has issued one certificate of SUPER BB policy on 23.05.2018 along with 755 joining points. It is also admitted fact that the maturity period of 36 months was already over on 23.05.2021. This is also not disputed that the complainant has not yet received any single farthings from the O.P. against the aforesaid investment.

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 (60,000/- +755x100) = Rs 135,500/- (Rupees one lakh thirty five thousand five hundred ) only calculated as per the  terms and condition of the aforesaid scheme. The O.P. have violated the terms and conditions and there is no denial of the fact about lack of responsibility in discharging their duties on the part of the O.P. Therefore in our opinion there lies deficiency in service on the part of the opposite party. Accordingly all the points are decided in favour of the complainant.

 

 Hence, it is

                                                    O R D E R E D

           That the Consumer complaint Case No.50/2022 is allowed on contest in part with cost against the O.P. The Opposite party is directed to pay a sum of Rs135,500/- (Rupees one lakh thirty five thousand five hundred ) 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 compensation and Rs. 5000/- as 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.