Haryana

Karnal

CC/209/2018

Manoj Arora - Complainant(s)

Versus

Sahara India Parivar, Sahara Housing Investment Corporation Limited - Opp.Party(s)

Rajan Gupta

05 Nov 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                      Complaint No.209 of 2018

                                                      Date of instt. 20.08.2018

                                                      Date of decision 05.11.2018

Manoj Arora son of Shri Ram Lubhaya, House no.921, NHBC, Karnal now resident of House no.19, Rajinder Nagar, Block-D, D.C. Colony, Karnal aged 38 years (Aaadhar no.937032408233) Mobile no.9896217921 E.mail:manojsarora@gmail.com.

                                                                                                                                                                        …….Complainant.

                                                Versus

1. Sahara India Parivar, Sahara Housing Investment Corporation Limited, Command Office: Sahara India Bhawan, Kapoorthala Complex, Aliganj, Lucknow-226024, Uttar Pradesh through its Chairman/MD.

2. Subrata Roy Sahara @ Sahara Shree, Chairman/CEO and Managing Director (Sahara India Parivar), Registered office: Mangal Jyoti, 101, 227/2, AJC Bose Bengal) E.mail; .

3.     Sahara Housing Investment Corporation Limited, Command office: Sahara India Bhawan, 1.Kapoorthala Complex, Aliganj, Lucknow-226024, Uttar Pradesh through its Branch Control head/authorized person.

4.  Sahara Q shop Unique Products Range Limited, Command office: Sahara India Bhawan, 1. Kaporthala Complex, Aliganj, Lucknow-226024, Uttar Pradesh through its branch control head/authorized person.

5.   Sunil Kumar Sinha, Branch Head, Saharayn Universal Multipurpose Society Limited Sahara India Parivar, 1^st floor opposite Onida Showroom, Kunjpura Road, District Karnal (Haryana) Ph.0184-2260012.

                                                                        …..Opposite Parties.

           Complaint u/s 12 of the Consumer Protection Act.          

Before   Sh. Jaswant Singh……President.

     Sh. Vineet Kaushik………Member

               Dr. Rekha Chaudhary…..Member

 Present   Shri Rajan Gupta Advocate for complainant.

ORDER:   

                   (JASWANT SINGH, PRESIDENT)

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that the complainant in the year 2010 invested an amount of Rs.19000/- in the housing bonds (Option D), vide document reference no.419006621510 dated 03.04.2010 which was termed by the OPs no.1 to 5 as Growth Surety Housing Bonds and receipt thereof was issued by the OP no.5 on behalf of OPS no.1 to 4. At the time of investment it was assured that the scheme will mature after 10 years and is a offer very high returns on maturity.  It is further alleged that at the time of investment OPs have utilized the public investment in purchasing huge chunk of lands to develop them in housing units and for commercial purpose and also developed its much publicized posh and ambitious Amby Valley project at Mumbai and will develop such township across the country and have purchased land near Kutail, Karnal. It is further alleged that after investment in the abovesaid bonds, after elapse of around 2 years in the month of May 2012, the OP no.5 advised to the complainant to exit the scheme on the pretext that the present scheme is very long end scheme and advised the complainant to redeem the investment in lesser time period. On that complainant exist the said scheme and further invested the proceeds in the new scheme of the OPs. The OP no.5 assured the complainant that OPs will ensure the maturity of the scheme in 6 years. After period of six years, the complainant learnt from other investors that OPs have refused to pay back the maturity amount on their investment. The complainant contacted the OP no.5 who has also refused the disbursal of the maturity proceeds. Thereafter, complainant requested the OPs so many times to refund the maturity amount but OPs did not pay any heed to his request. In this way there was deficiency in service on the part of the OPs. Hence complainant filed the present complaint.

2.             We have heard the learned counsel for the complainant on the point of maintainability of the complaint. On perusal of the complaint, we found that complainant attached receipt of amount of Rs.19,000/- dated 3.4.2010, receipt of amount of Rs.25,850/- dated 27.06.2012 and investment plan in Q shop plan H. receipts attached with complaint were issued by the OPs but investment plan does not bear the name, stamps, signature and any other proof, to ascertain that it was issued by the OPs. Hence this complaint is not maintainable. The amount were deposited in the year 2010 and 2012 and this complaint was filed in the year 2018. Hence, the present complaint is also not maintainable being time barred.

3.             In view of the above discussion, the complaint of the complainant is not admitted and the same is hereby dismissed at the stage of admission. However, the complainant is at liberty to file a fresh complaint with the investment plan, if any, duly issued by the OPs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:05.11.2018

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

        (Vineet Kaushik)          (Dr. Rekha Chaudhary)

            Member                               Member