West Bengal

Dakshin Dinajpur

CC/43/2021

Mr. Anu Roy, S/O- Late Bhabani Roy - Complainant(s)

Versus

The Branch Manager, Sahara India Pariwar, Kamarpara F.C. Branch - Opp.Party(s)

Debashis Barman

30 Jun 2022

ORDER

 The brief fact of the complaint case is that the complainant is an investor of Sahara India Pariwar under Kamarpara F.C Branch, Dakshin Dinajpur. The complainant invested the total amount of Rs. 3,80,000/- in eleven different policies under the scheme of  F 3 Sahara I Select  on 15.06.2017  for a period of 36 months against which the O.P. issued eleven Certificates. After the date of maturity (15.06.2020) of the aforesaid investments the complainant went to the office of the O.P. and submits his prayer for withdrawal of the maturity amount. But the office of the O.P. refused to give the receive copy. Then, the complainant sent his prayer for claim of the maturity amount to the O.P. through the registered post, vide receipt No.RW936905524IN on 03.05.2021.  Thereafter in several occasions the complainant went to the office of the O.P. for getting his maturity amount of the aforesaid investments. But the O.P. was adopting a dilatory tactics to disburse the maturity amount of the policies. Till today the O.P. did not pay the maturity amount to the complainant. 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. the complainant files this instant case against the O.P. u/s 35 of C.P. Act 2019 claiming the maturity amount of Rs. 512,694/- along with interest and benefits as per the terms and conditions laid down in the scheme of  F3 Sahara I Select and compensation of Rs. 100,000/- for mental pain and agony ,Rs 20,000/-as litigation cost.

 

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

 

 

Sl No.	Certificate No.	Date	Maturity amount	Maturity date
1.	715000040903	15.06.2017	Rs.48,571/-	15.06.2020
2.	715000040905	15.06.2017	Rs 48,571/-	15.06.2020
3.	715000040904	15.06.2017	Rs 26984/-	15.06.2020
4.	715000040906	15.06.2017	Rs 48,571/-	15.06.2020
5.	715000040907	15.06.2017	Rs 48,571/-	15.06.2020
6.	715000040908	15.06.2017	Rs 48,571/-	15.06.2020
7.	715000040909	15.06.2017	Rs 48,571/-	15.06.2020
8.	7150000409010	15.06.2017	Rs 48,571/-	15.06.2020
9.	7150000409011	15.06.2017	Rs 48,571/-	15.06.2020
10.	7150000409012	15.06.2017	Rs 48,571/-	15.06.2020
11.	7150000409013	15.06.2017	Rs 48,571/-	15.06.2020

 

2. Track Consignment report vide no RW9369055241IN.

3 .Letter dated 03.05.2021.

 

           O.P. 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.     

                      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 No.1 This is admitted fact that complainant invested a total sum of  3,80,000/- (three lakh eighty thousand only) under  the scheme of “ F3 Sahara I Selecet”  of the opposite party. 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 fact that the complainant had invested total amount of Rs. 380,000/- (Three lakh eighty thousand only) under the scheme of  F 3 Sahara i Select policy of opposite party on 15.06.2017  for a period of 36 month against which the opposite party duly issued eleven separate certificates to the complainant. This is also admitted fact that the maturity period of 36 months was already over on 15.06.2020 . This is also not disputed that the complainant has not yet received any single furthering from the O.P. against the aforesaid investments.

We have looked into the complaint, the written version of the O.P. and evidence 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 as per the terms and condition laid down in the scheme of F3 Sahara I Select scheme together with interest as per terms and condition of the aforesaid scheme but the O.P. have violated the terms and conditions and there is no denial of the fact about lack of responsibility in discharging his duty on the party of the O.P. After considering the facts and circumstance of the case , we opine that  their lies deficiency in service on the party of the O.P.

Accordingly, all the points are decided in favour of the complainant against the O.P. Thus all the points are disposed of.

 

Hence, it is

 

                                                      O R D E R E D

             That the Consumer Complaint Case No.43/2021 is allowed on contest in part without cost against the O.P. The Opposite party is directed to pay a sum of Rs.5,12,694. /- (five lakh twelve thousand six hundred & ninety four 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 opposite party is further directed to pay a sum of Rs 5000/-(rupees five thousand) only in favour of the complainant, 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.