PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT NO. 100/2023,

Radharani Sahani, Aged about 60 years,

D/O-Binod Bihari Sahani

R/O- Jharuapada, Ps-Town,

Dist-Sambalpur, Odisha.        

Mob No. 63709667161                                                 .……….......Complainant.

Vrs.

1. Sahara India, having its registered office at Sahara India Bhawan, 1, Kapurtala Complex, Aliganj, Lucknow represented through its M.D. Sahara India (UP) PIN-226024.
2. Bijaya Kumar Singh Franchise Manager

          Sahara India Parivar At- Fatak, Po-Budharaja, Ps-Ainthapali, Dist-Sambalpur.

3. Hrudananda Naik, Sales Manager Sahara India Parivar

           Hansini Tower, Ainthapali, Ps-Ainthapali, Dist-Sambalpur-768004

4. Narendra Kumar Behera, Regional Manager, Sahara India Parivar

          Hansini Tower, Ainthapali, Ps-Ainthapali, Dist-Sambalpur-768004

5. Artatrana Mishra, Area Manager Sahara India Parivar

           Hansini Tower, Ainthapali, Ps-Ainthapali, Dist-Sambalpur-768004.…...……….Opp. Parties

Counsels:-

1. For the Complainant          :- Sri. R.L. Sharma & Associates
2. For the O.P. No.2                            :- Sri. B.K. Srivastava,
3. For the O.P. No.1,3, 4 & 5 : Ex-parte

Date of Filing:13.06.2023,Date of Hearing :16.01.2024,Date of Judgement :20.02.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the O.P. No.2 along with one Satya Prakash Panda posing authorised agent of O.P. No.1 collected Rs. 1.00 lakh on 04.01.2010 from Complainant and date of maturity was fixed on 04.05.2015. Again Rs. 1.00 lakh was deposited on 14.12.2011 under Sahara E-shine Scheme with A/C No. 12768716343, wherein maturity date was 14.12.2019 with maturity value of Rs. 2,61,200/-. The O.Ps before maturity of the Golden A Double Scheme converted the same to Q shop scheme in the year 2015. The agent Satyabrata Hota, Code No. 127616587 took all the original documents from Complainant for verification. The O.Ps again converted and reinvested the said money to Super BB Saharayan Scheme on 30.12.2017 A/C No. 60526802084 for RS. 1.00 lakh. The amount converted from Q shop scheme to super BB Saharayan Scheme vide A/C No. 60536801130 and the amount calculated therein is Rs. 20,500/- with interest Rs, 23100/- total Rs. 43,600/- likewise the amount Rs. 20,500/- and interest Rs. 23,000/- total Rs. 43,800/- and Rs. 13,700/- vide A/C No. 60536801131 calculated with interest Rs. 29,100/-. The amount carried maturity value of 1.5 times to matured in 2020 wherein maturity value in total was Rs. 3,24,750/-

After maturity the Complainant approached the O.P. No.2 & other O.Ps but no paymentof maturity value paid to likewise another amount of Rs. 5000/- having M.V. Rs. 10,000/- dated 07.06.2022 in Golden A double scheme bearing A/C No. 12766903662 also not paid. The O.Ps against A/C NO. 12768716343 failed to pay Rs. 2,61,200/- on 14.12.2019. The O.P. No.3 was approached but failed to pay on the pretext of financial difficulties of the O.P. Company and forcibly invested in “Junction Basera’ scheme. It is a MIS Scheme and the Complainant shall receive Rs. 5770/- each month till maturity 2031 along with other benefits.

The Complainant with no alternative deposited the following amount on 27.02.2021:

          The MIS shall be matured in 2031 and monthly interest thereof Rs. 5770/- to be paid to the Complainant in every month. The O.Ps not paid the monthly payment, rather withhold Rs. 1,61,560/- of the Complainant. A legal notice was given on 28.02.2023 but payment was not made. Being aggrieved complaint has been filed.

2. Perused the documents filed by the Complainant.

In the following account the Complainant deposited:

Rs 1,00,000/- was invested in ‘Abode Bond’ on system date 04.01.2010.

In A/C No. 12763716343 Rs. 1.00 lakh was invested on 14.12.2011 and maturity date was 14.10.2019 and M.V. Rs. 2,61,200/-

The O.Ps issued certificate No. 4670018864344 for Rs. 45,100/- on 30.12.2017, Rs. 20,500/- vide receipt No. 34026114174 dated 21.12.2017, Rs. 13,700/- vide receipt No. 34026114175 dated 21.12.2017, Rs. 20,500/- vide receipt No. 34026114176 dated 21.12.2017 and Rs. 5000/- vide receipt No. 665015547827 dated 07.02.2017.

Against A/C No. 12768702844 and 12768703263 to 12768703271 the Complainant has deposited Ts. 5,77,000/- in junction Basera Scheme and the monthly interest amount Rs. 3000/- from 27.02.2022, Rs. 370/- w.e.f. 21.04.2021 and Rs. 300/- w.e.f. 21.04.2021 in 8 accounts i.e. Rs. 300/- x 8 =Rs. 2400/- per month has not been paid.

The Complainant has filed pleader notice dated 28.02.2023.

3. The O.P. No.2 Bijay Kumar Singh on behalf of Sahara Credit Co.op. society Ltd. prayed for dismissal of complaint. The O.P. No.2 submitted that as per direction Apex Court in W.P. (c) No. 191/2022 and I.A. No 56308/2023 Rs. 5000 crores was deposited by SEBI in the account of central Registrar of Co-Op. Societies on 29.03.2023 for payment to depositors but not later than 09 months. Application has been filed before SCDRC, Cuttack to stay and dismiss the matters pending before District Commissions. SAHARA REFUND PORATAL CENTRAL REGISTRATION’ link mocre fund. crcs. Gov in launched on 18.07.2023. For disbursement of maturity value exclusive jurisdiction has been given on central Registrar of Co. Op. Societies. The answering OP prayed for dismissal of complaint and to issue direction to the Complainant to approach CRCS.
4. It is admitted by both the parties that the amount discussed Supra has been invested by the Complainant and the O.Ps have not paid the maturity value. Again and again the O.Ps invested the M.V in different schemes without payment so to say forcibly which amounts to unfair trade practice. Non payment of M.V. in time amounts to deficiency in service on the part of O.Ps. As per claim the Complainant the Complainant is entitled to get the claim amount of Rs. 10,63,310/-. The Complainant has deposited her hard earned money but the O.Ps failed to refund in time.

Accordingly, the following order is passed:

ORDER

The complaint is allowed against the O.Ps. The O.Ps are directed to pay Rs. 10,63,310/- to the Complainant with 12% interest w.e.f. 28.02.2023 within one month of this order. In case of non-payment the amount will carry 14% interest P.A. till realisation. For deficiency in service and unfair trade practice the O.Ps are directed to pay compensation of Rs. 1,00,000/- and litigation expenses of Rs. 10,000/-.

The Complainant is also at liberty to approach the CRCS and to apply in web-site for refund of the claim.

            Order pronounced in the open court on 20^th day of Feb. 2024.

Supply free copies to the parties.