Ld. Advocate(s)

                 For Complainant    .. Mokbul Rahaman

                 For OP/OPs           .. Md. Sayem/Ex-parte.

Date of Filing       :19.06.2019

Date of Disposal: 14.03.2022

: FINAL ORDER  dtd. 14.03.2022

       An application has been filed by the complainant u/s 12 of the C.P. Act 1986 alleging deficiency in service against the OPs for non payment of the maturity amount of deposits under Sahara-A select deposit accounts being Certificate No: 763000510881 amounting to Rs.5500/- as on 14.01.2015, and Certificate No: 361000539133 amounting to Rs.8009/- as on 15.01.2018, and Certificate No: 361000539132 amounting to  Rs.8009/- as on 20.01.2018,  and Certificate No: 361000539134 amounting to Rs.8009/- as on 15.01.2018, totalling Rs. 29,527/along with up to date interest as prayed in the petition of the complaint.

The complainant further claimed Rs.50,000/- as compensation due to mental pain, agony and  harassment etc  and litigation cost of Rs. 50,000/-.

The brief fact of the case of the complainant is that the complainant had deposited money with the O.Ps under Sahara A select investment scheme being Certificate No: 763000510881 amounting to Rs.5000/- on 14.01.2014, and Certificate No: 361000539133 amounting to Rs.5000/-  on 15.01.2014, and Certificate No: 361000539132 amounting to Rs.5000/- on 20.01.2014, and Certificate No: 361000539134 amounting to Rs.5000/- on 15.01.2014, totalling Rs20,000/

     It is the allegation of the complainant that after the date of maturity the complainant demanded the maturity amounts under the said deposits and requested the O.P No:1 to return the same    

    It is the contention of the complainant that OP no.1 on 21.12.2018 expressed inability to pay maturity amount to the complainant and thereafter, the complainant sent advocate notice to the OP No.1 on 24.04.2019. But even after that the OP No.1 did not pay the maturity benefits under the said four certificates to the complainant.

       Finding no other alternative, the complainant is constrained to file this complaint before this District Forum (now District Commission) for proper redressal.

      The complainant along with his complaint petition filed the following documents:-

1. Copy of Certificate No: 763000510881, amounting to Rs.5000/-dated 14.01.2014, and Certificate No: 361000539133 amounting to Rs.5000/- dated15.01.2014, and Certificate No: 361000539132 amounting to Rs.5000/- dated 20.01.2014, and Certificate No: 361000539134 amounting to Rs.5000/- dated 15.01.2014, totalling Rs20,000/

2. Copy of advocate letter dated24.04.2019.

Notices were served to the OPs. It appears from the Order No. 5 dated 10.01.2020 that notices upon the O.ps have been delivered .Despite receiving notices the O.Ps did not turn up before the Forum( Now Commission) and therefore the Forum decided to proceed with the case ex-parte against all the O.Ps.

 It is seen from the case record that Ld. Advocate namely Md. Sayem appeared before the Forum on behalf of O.P No:2 on 03.03.2020 and filed a prayer for vacating ex-parte order and the Forum considered his prayer and passed an order that ex-parte order would be vacated subject to payment of cost of Rs. 40,000/, out of which Rs. 20,000/ to be paid to the Complainant and the rest of Rs.20,000/ to be deposited to the Consumer Welfare Fund.

 Despite of such order, the O.P No:2 did not deposit the cost amount and thus the case has been proceeded ex-parte against the O.P No:2.

Other O.Ps did not appear before the Forum and therefore, this Forum( Now Commission) decided to proceed with the case ex- parte all the O.Ps

       During hearing, the complainant filed written affidavit-in-chief and submitted the original documents as mentioned above by making annexure in order to prove the case.

From the complaint petition, evidence adduced by the complainant, following points have been framed:-

  1. Is the complainant a consumer?

 2. Are the OPs deficient in providing service?

    3. Is the complainant entitled to get any relief as per prayed for?

Decision with reasons

All the points have taken up together for the sake of brevity and avoidance of repetition of facts.

            It is seen from the evidence of the complainant and other materials on record that the complainant deposited an amount of Rs.20,000/ in total in four deposits under the ‘Sahara A select scheme’ being 1.Certificate No: 763000510881, amounting to Rs.5000/-dated 14.01.2014, and 2.Certificate No: 361000539133 amounting to Rs.5000/- dated15.01.2014, and 3.Certificate No: 361000539132 amounting to Rs.5000/- dated 20.01.2014, and 4. Certificate No: 361000539134 amounting to Rs.5000/- dated 15.01.2014.  The dates of maturity of the said certificates were 14.01.2015, 15.01.2018, 20.01.2018 & 15.01.2018 respectively and the maturity amount was Rs. 29,527/ in total.

Therefore, in our view the complainant is a consumer under OPs as per definition given U/S 2(1) (d) of the C.P Act 1986 and the O.Ps were the service providers of the complainant as per definition of U/S 2(o) C.P Act 1986.

Now, in order to ascertain, whether the OPs were deficient or not we have to consider the evidence of the complaint once again.

It is evident from the evidence of the complaint that the complainant deposited Rs.20,000/ in total under four deposit schemes as noted above in detail   and the Ops Company issued  certificates for the same. The OP No:1 did not pay back the maturity amount as aforesaid even after making demand and sending advocate letter. The O.P No. 2, 3 and 4 are the Regional Manager, Chief Manager and Managing Director of the same company.

 In our view, of all the OPs are deficient in service for non disbursing the maturity amount of Rs.29,527/ along with up to date interest to the complainant. And the Complainant is entitled to get relief as prayed for but in part.

In order to ascertain the quantum of compensation and litigation cost we think that an amount of Rs. 10,000/-as compensation and Rs.5,000/- as cost of the proceeding are appropriate and just in order to mitigate the loss suffered by the complainant. Therefore, we award such amount as compensation and litigation cost.

The unchallenged testimony of the complainant proves his case.All the points go in favour of the complainant.

It is to be mentioned here that the instant case was filed under provision of CP Act 1986 and the case was proceeded under the said Act.

 Hence , it is

O R D E R E D,

That the Consumer Complaint, being No: CC/167/2019 is allowed ex-parte but in part. All the OPs are hereby jointly and severally directed to pay the maturity amount of Rs.29,527/- along with up to date interest as per the scheme to the complainant within 45 days from the date of this order.

  In default such accumulated amount,( i.e Rs. 29,527/ + up to date interest as per schemes which shall be calculated beyond 45 days from the order passed) shall carry an interest @ 8% p.a. till realisation and all the O.ps are jointly and severally liable to pay the same.  

All the OPs are further jointly and severally directed to pay compensation of Rs.  10,000/- and litigation of Rs. 5,000/- to the complainant within the aforesaid period of 45 days.

 In default the Complainant is at liberty to file an Execution Application for enforcement of the final order before this District Commission as per provisions of Law.

Let a free copy be given to the parties concerned as per provision of C.P.R, 2005.