West Bengal

Dakshin Dinajpur

CC/89/2019

Mr. Sumit Choudhury, S/O- Swapan Kr. Choudhury - Complainant(s)

Versus

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

04 Feb 2021

ORDER

Facts of the complaint case in brief is that on 14.08.2014 the complainant invested money under the scheme of Saharayan -E Multipurpose society limited, sponsored by Sahara India Pariwar of Rs. 30,000/- in two policies i.e Rs. 15,000/- for the period of three years vide certificate No. 304001875061 and No. 304001875062. After completion of three years of maturity period i.e. 14.08.2017 the complainant claim before the O.ps on several times and went the office of the O.P. No.1 for getting his maturity money but O.P. did not pay the maturity amount to the complainant since 14.08.2017 to till the date. Lastly the complainant sends a demand notice before the O.P. No.1 on 17.07.2019 by registered post but the O.P.  not paid any payment.

Under such circumstances complainant filed this case before this Commission for passing necessary order directing the O.ps to pay principal amount (Rs. 15.000/- + Rs. 15,000/-) =Rs.30,000/- along with benefits and interest as per Saharayan E- Multipurpose Society Ltd scheme from 14.08.2017 to till the date of realization and to pay the compensation of Rs. 15,000/- for delaying and for mental pain and litigation cost of Rs. 10,000/-

            Notice was issued upon the O.P. and the opposite party 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 contended by the opposite party that due to some litigation pending with SEBI and the apex court regarding the financial transaction of O.P. group the payment has remained stopped and the opposite party craves 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 following documents.

       Two fixed deposit certificate dt. 14.08.2014.

 

O.P. has submitted examination-in-chief by way of affidavit but no document is submitted on the side of the O.P. 

           

 

 

                                                    Points for discussion:-

1. Whether the complainant is a consumer within the meaning under Section 2 (I) (d) of the Consumer Protection Act 1986?
2. Whether there is any deficiency in service on the part of Op?
3. Is the complainant entitled to get relief/reliefs as prayed for?

 

                                        DECISION  WITH  REASONS

 

Point No.1             

 

            This issue is not disputed by the Ld. Advocate of the O.ps during his course of argument. This Commission has gone through the materials and evidence on record and after going through the entire facts and circumstances of the case with regard to the materials and evidence of the parties on record this Commission is of the view that the complainant is a consumer within the meaning under Section 2 (I) (d) of the consumer Protection Act 1986.

 

Point No. 2 and 3

 

            These two issues are taken up together for discussion for the sake of brevity and convenience. This is admitted position that the complainant had purchased two deposit under the scheme of Sharayn E-Multipurpose society Ltd on 14.08.2014 vide certificate no. 304001875061 and 304001875062 amounting to Rs. 15,000/- each from the opposite parties with condition to get benefit as per the terms and conditions led down in clause 10 of the Saharan E- Multipurpose society Ltd. The member shall be free to withdraw his/ her continuation any time after the expiry of 3 years from the date of payment of the contribution, in such a case, the society may compensate the member by giving a benefit on the contribution made by such member of an amount not exceeding Rs. 43,000/- on a contribution of Rs. 1 lakh in the form of cash or cash equivalent products.  Therefore, the complainant shall get the benefit of Rs. 12,900/- for the contribution of Rs. 30,000/- as on the maturity date.

The materials and evidence submitted on the side of the complainant clearly shows that he is entitled to get the whole amount of Rs.30,00/- together with interest as per terms and conditions of the opposite party but the O.P. has failed and neglected to keep up his terms and conditions and their lies the deficiency in service in the part of the O.ps.

 

 

 

 

 

 

Hence, it is

                                                      O R D E R E D

 

            That the Complaint Case No.89 of 2019 be and the same is allowed in part on contest with cost against the opposite parties.

Opposite parties are directed to pay a sum of Rs. 30,000/- as principal amount and benefit as per terms and conditions of Sharayan E- Multipurpose society Limited of Rs. 12,900/- i.e (30,000/- +Rs. 12,900/-) = Rs.42,900/- as maturity value along with interest @ 8% p.a. on and from 14.08.2017 to till the date of realization by issuing an account payee cheque in favour of the complainant within 45 days from the date of passing this order.

The opposite parties are directed to pay a sum of Rs. 3000/- as litigation cost to the complainant by issuing an account payee cheque in the name of the complainant within 45 days from the passing this order.  

In default the complainant is at liberty to execute the order through this Commission as per law.

 

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