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.51,950/- for a term of 36 months under the scheme of Super BB on 18.05.2018 and the O.P. no.1 issued one certificate under the scheme of Super BB maturing on 18.05.2021 along with 792 joining points. It is also mentioned in the policy certificates that each joining points may be calculated as Rs 100. The above mentioned policy is in the name of the complainant. After the maturity of the above mentioned policy the complainant wants to get her maturity amount and submits her prayer to the office of the O.P. no.1 on several times and asked for encashment of the matured certificate. But the O.P.s did not co-operate with the complainant and refused to give the received copy of her prayer. Lastly, the complainant on 26.09.2022 submits her prayer for claim to the O.P. no.1 through the registry post, vide postal receipt no RW903765736IN. The complainant deposited the above mentioned money for her better future and to fulfill her needs at the time of crisis. But till today the complainant did not get her maturity amount. Due to the illegal activities of the O.P.s the complainant suffered irreparable loss and pecuniary injury. 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 invested amount of Rs.51,950/- with the maturity value of 792 joining points along with maturity benefits and interest as per the SUPER BB scheme and compensation of Rs. 20,000/- and 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 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 original copy of following one Certificate by firisti -
Sl No | Certificate No. | Date | Invested Amount | Maturity date | Maturity Amount along with Joining point amount |
1. | 467004247025 | 18.05.2018 | Rs.51,950/- | 18.05.2021 | (51,950/- +792 x100)= Rs 131,150/- |
2. Original letter dated 26.09.2022.
3. Postal receipt vide no. no RW903765736IN.
4. Xerox copy of adhar card.
O.P. had also submitted examination in chief of OPW-1 by way of affidavit but no document is submitted on the side of the O.P.
Points for discussion
- Is the complainant a consumer to the opposite parties?
- Is there any deficiency in service on the part of the opposite parties?
- 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.51,950/- ( rupees fifty one thousand nine hundred fifty ) only under the scheme of SUPER BB of the opposite parties. So, there is no hesitation to hold that the complainant is a consumer within the meaning under section 2(7) 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 invested a sum of Rs 51,950/- for a term of 36 months and the O.P. no.1 has issued one certificate of SUPER BB policy on 18.05.2018 along with 792 joining points. It is also admitted fact that the maturity period of 36 months was already over on 18.05.2021. This is also not disputed that the complainant has not yet received any single farthing from the O.P.s against the aforesaid investment.
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 she is entitled to get maturity amount of Rs. 131,150/- (Rupees one lakh thirty one thousand one hundred fifty ) only together with interest a per terms and condition of the aforesaid scheme but the O.P.s had 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 Therefore in our opinion there lies deficiency in service on the part of the opposite parties. 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.98/2022 is allowed on contest in part with cost against the O.P.s The Opposite parties are directed to pay a sum of Rs131,150/- (Rupees one lakh thirty one thousand one 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 cheque in favour of the complainant within 45 days from the date of passing this order. The O.P.s is further directed to pay a sum of Rs. 5000/- towards compensation and Rs. 5000/- as 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.
