West Bengal

Dakshin Dinajpur

CC/34/2020

Sri Biplab Saha, S/O- Brajagopal Saha - Complainant(s)

Versus

Hamara India Credit Co-operative Society Ltd., Represented by Authorised Officer - Opp.Party(s)

Somen Saha

30 May 2022

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 3000/- for a term of 146 months and Balurghat F.C.has issued one Sahara T Bond policy Certificate on 27.07.2007. The Complainant also invested a sum of Rs 47,250 to the O.P.s on 22.05.2018 and Hili Branch issued four Golden 24 certificates maturing on 22.05.2020 along with respective joining points. It is also mentioned in the policy certificates that each joining points may be calculated as Rs 100. All the above mentioned policies were in the name of the complainant. After the maturity of the above mentioned policies the complainant went to the office of the O.P. no.1 and 3 in various occasions and asked for encashment of those matured certificates. But the O.P.s did not co-operate with the complainant. The physically handicapped old mother of the complainant needs medical treatment so there is an urgent need of money. Then the complainant on 12.06.2020 filed a written application before the hili branch requesting for payment but the O.P.s did not take any steps for making the payment of the matured policies.  Due to the illegal activities of the O.P.s the complainant suffered irreparable loss and pecuniary injury.   The complainant invested the aforesaid amount for the better future and to fulfill his needs at the time of crisis but due to the negligent act of the O.P.s the complainant files this instant case against the O.P.s u/s 35 of C.P. Act 2019 claiming the maturity amount of Rs1,29770/- along with interest @ 15% p.a and compensation of Rs. 30,000/-  ,Rs 10,000/-as litigation cost.

 

Notice was issued upon the O.P.s and the O.P.s 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.s that due to some litigation pending with SEBI and the Apex Court regarding the financial transaction of the O.P.s group imposed embargo on the movable immovable properties due to which the payment has remained stopped and the O.P.s crave 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 five Certificates by firisti: -

 

Sl No.	Certificate No.	Date	Invested  Amount	Maturity date	Maturity Amount along with Joining point amount
1.	963002126860	27.07.2007	Rs.3,000/-	27.09.2019	9000/-
2. 3. 4. 5.	438000501511 438000501512 438000501513 438000501514	22.05.2018 22.05.2018 22.05.2018   22.05.2018	Rs5500/- Rs12100/ Rs18150/-   Rs11500/-	22.05.2020 22.05.2020 22.05.2020   22.05.2020	(6899+4800)=11699/-   (15178+16400)=31578/- (22767+24600)=47367/-   (14426+15700)=30126/-

 

2. Original letter dated 12.06.2020.

3. Documents regarding medical treatment of the mother of the complainant.

4. Xerox copy of the aadhaar card of the complainant.

           O.P.s had also submitted examination in chief of OPW-1 Joy Dutta Gupta by way of affidavit but no document is submitted on the side of the O.P.s    

                             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 fact that complainant invested a total sum of Rs.(3000+47,250 ) = Rs 50,250/- (fifty thousand and two hundred and fifty rupees only) under  the scheme of two different polices i,e, Sahara T Bond and Golden 24  of the opposite parties. So, there is no hesitation to hold that the complainant is a consumer within the meaning under section 2 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 position that the complainant invest a sum of Rs 3000/- for a term of 146 months and the O.P.s. has issued one Sahara T Bond policy Certificate on 27.07.2007. The Complainant also invested a sum of Rs 47,250 to the O.P.s on 22.05.2018 and Hili Branch issued four Golden 24 certificates maturing on 22.05.2020 along with respective joining points. It is also admitted fact that the maturity period of 146 months was already over on  27.09.2019.And the maturity period of the above mentioned golden 24 policies were already over on 22.05.2020. This is also not disputed that the complainant has not yet received any single furthering from the O.P.s against the aforesaid investments.

 

We have looked into the complaint, the written version of the O.P.s and evidence filed by the parties minutely. All these reveal that the complainant is a bona-fide consumer of the O.P.s and he is entitled to get maturity amount of Rs.129,770/- (one lakh twenty nine thousand seven hundred and seventy only)  together with interest as per terms and condition of the schemes but the O.P.s 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.s and there lies deficiency

in service on the part of the O.P.s. 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. 34/2020 is allowed on contest in part with cost against the O.P.s. The Opposite parties are directed to pay a sum of Rs.(9000 + 120,770)= Rs.129,770/- (one lakh twenty nine thousand seven hundred seventy rupees 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.s are 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.