West Bengal

Dakshin Dinajpur

CC/28/2020

Sri Nurul Islam Akanda, S/O-Piyaruddin Akanda - Complainant(s)

Versus

The Branch Manager, Sahara Credit Co-Operative Society Ltd., Kamarpara Branch - Opp.Party(s)

Kanai Dutta

16 Mar 2022

ORDER

The facts of the case in short is that on 22.01.2013 the complainant had entered into a monthly investment plan @ Rs. 5,00 /- per month for a period of 60 month (mentioned in the second page of the passbook) under the scheme of Sahara M Benefit and accordingly the complainant had deposited a total sum of Rs. 30,000/- to the branch of the Op No.1 vide account No. 41194800082 and the said investment has already been matured on 22.01.2018 with maturity amount of Rs.39850/- (as per calculations given in the pass book). After maturity as and when the complainant went to withdraw the matured amount along with interest, the Op No.1 in different new plea avoided to make payment.  On 03.07.2019 the complainant again went to the office of the O.P. and deposited the copy of the passbook, and some signatures are also taken by the O.P. The O.P. told the complainant that they will send the papers to the head office and soon the complainant will get the maturity amount.  But in spite of that the Op did nothing. Under such circumstances the complainant filed the instant case with a prayer to direct the Op to pay sum of Rs 30,000 /- plus 12% interest from the date of maturity  and up to date interest and further a sum of Rs. 15,000/-  towards compensation for mental pain and harassment caused to the complainant and further a sum of Rs. 10,000/- towards litigation cost.

            Notice was issued upon the O.P. The O.P. have entered appearance and contested the case by filing 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 Op that due to some litigations pending with SEBI and the Apex court regarding the financial transaction of Op group the payment has remained stopped and the Op craves leave of this Commission and prays for dismissal of the instant case. 

            In this case complainant has submitted his examination in chief supported by affidavit together with following document.

1. Original pass book vide A/C No. 41194800082.

 

Op has also submitted examination in chief of the sector manager of Sahara India Pariwar Balurghat sector Sri Joy Dutta Gupta by way of affidavit but no document is submitted on the side of the Op.

 

                          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-1 This is admitted position that the complainant has entered into a monthly plan @ Rs. 500/- per month for a period of 60 months and accordingly he had deposited a total sum of Rs 30,000/- to the branch of the Op No.1 vide A/C No. 41194800082. So there is no hesitation to hold that the complainant is a consumer to the Op.

 

Point No. 2 & 3 Both the issues are taken up together for discussion for the sake of convenience. This is admitted fact that the complainant had entered into a monthly installment plan @ Rs. 500/- per month for a period of 60 months and accordingly he had deposited a total sum of Rs. 30,000/- to the branch of the O.P. vide A/C No. 41194800082 and the said investment has already been matured on 22.01.2018. This is also not disputed that the complainant has not yet received any single furthering from the opposite party against the aforesaid investment.

 

We have gone through the complaint, the written version of the Op, evidence and documents 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,39,850/- together with interest as per terms and condition of the scheme till realization of the investment amount but the Op have violated the terms and condition and there is no denial of the fact about lack of responsibility in discharging duty on the part of the O.P. and there lies deficiency in service on the part of the opposite party.

 

            Hence,

O R D E R E D

 That the Consumer complaint case No.28/2020 be and the same is allowed on contest in part with cost against the O.P. The O.P. is directed to pay a sum of Rs. 38,850/- ( Rs thirty eight thousand eight hundred & fifty ) 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 chaque 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 litigation cost in default complainant has liberty to execute the order as per law.

         Let a plain copy of this order be supplied to the parties free of cost.