Date of filing: 03.10.2018 Date of disposal: 06.09.2019
Complainant: Sri Rajendra Mohan Mazumder, S/o. Late Nabani Dhar Mazumder, residing at 19, Radhanagar Road, Asansol, West Bengal, PIN – 713 325.
Opposite Parties: 1. The Branch Manager, Sahara Credit Co-operative Society Ltd., C/o. Sahara India Pariwar, 32/69, G. T. Road, Asansol, Opposite to Bagha Pachil, PIN – 713 303, West Bengal.
2. Sahara India Commercial Corporation Ltd., Asansol Branch, Sector Asansol, 32/69, G. T. Road, Asansol, Opposite to Bagha Pachil, PIN – 713 303, West Bengal.
3. Sahara India Commercial Corporation Ltd., Sahara India Bhawan, 1, Kapoorthala Complex, Lucknow, Uttar Pradesh, PIN – 226 024.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Appeared for the Complainant: Ld. Advocate, Buddha Dev Roy.
Appeared for the Opposite Party No. 1, 2 & 3: Ld. Advocate, Saurav Kumar Mitra (ex parte).
J U D G E M E N T
This complaint is filed by the complainant u/S. 12 of the C. P. Act, 1986 alleging deficiency in service and unfair trade practice against the Ops as the Ops did not refund the deposited amount.
The case of the complainant is that the complainant and his son jointly made an application before the OP Nos. 1 & 2 for a fixed deposit under Sahara Rajat Jojona on 15.11.2003 and deposited an amount of Rs. 11,435=00 vide receipt No. 38611610769 & control No. 15869202614 and the Ops issued a Pass Book having No. 303/001647898 in the name of the complainant and his son. The complainant further stated that in the receipt vide No. 38611610769 it is disclosed that the amount was received as advance for purchase of immovable property/product of Sahara India Corporation Ltd. and/or its business associates.
The complainant further stated that he approached the Ops to provide service against the amount received or pay back the amount charging interest and the loss suffered by the complainant, but the Ops assured the complainant to pay back the amount with interest for the entire period from the date of receiving the same till the date of paying back the amount.
On 23.02.2016 son of the complainant went to the Ops and according to the advice of the officer of the OP submitted withdrawal slip with withdraw the amount and then a calculation was made Rs. 16,845=00 Plus Rs. 14,569=00 in the withdrawal slip. On 23.08.2017 complainant deposited before the Office/bearer/Branch Manager all original papers of pass book-cum-certificate and at the time of receiving the original papers it was told unless the original papers are submitted the amount could not be deposited by the Head Office and issued acknowledgement on 23.08.2017.
After receiving the original documents, the Ops did not pay back the amount with interest. Thereafter the complainant on 18.09.2017 made a written approach to the Ops through Advocate claiming the amount with interest. The complainant also approached personally to the local Police Station by written representation on 03.01.2019 against the deficiency in service by the Ops to pay back the amount and interest thereon and sent it through speed post on 04.01.2018.
The cause of action arose on 15.11.2003 and also on 23.02.2016 and still continuing as the Ops did not provide service and not paid back the deposited amount with interest and the amount is still lying in the custody of the Ops. finding no other alternative the complainant filed this complaint praying to direct the Ops to pay the deposited amount of Rs. 11,435=00 and interest thereon @10% per annum to the date of disbursement, to direct the Ops to pay compensation of Rs. 50,000=00 and to pay Rs. 10,000=00 as cost and Rs. 5,000=00 as litigation cost by the Ops.
After admitting the complaint, notices were issued to the OP Nos. 1, 2 & 3 and the OP Nos. 1, 2 & 3 appeared through ld. Advocate but did not file written version to contest the case. Therefore, the case was fixed ex parte and lastly the case is heard ex parte.
After considering the complaint petition this Forum thinks that proper and exact issue for consideration is whether the present claim application maintainable according to law as well as whether the claimant at all entitled to get any relief as prayed for?
Decision with reasons:
To prove the allegation against Ops the complainant is able to produce Xerox copies of documents i.e. Xerox copy of voter identity card, Aadhaar card, 1st page of Pass Book-cum-Certificate along with other papers, withdrawal slip, one receipt showing that Ops have received all the original papers from the possession of the complainant on 23.08.2017, one notice sent by ld. Lawyer to the OP on 18.09.2017 with direction to pay the fixed deposit amount with interest to the complainant and further letter dated 03.01.2018 was sent to the officer-in-charge of Asansol Police Station for proper instruction as well as taking necessary action against the Ops for non-payment of amount which received by them.
The complainant also produced Xerox copy of judgement passed on 24.01.2017 in connection with C. C. No. 220/2015 by previous Hon’ble Ashok Kumar Mondal, President along with two Members.
Let us consider how far complainant is able to prove his claim by filing documents (Xerox copies) as well as evidence through affidavit. In the instant claim application we find that the complainant is compelled to file the claim application against the Ops as they are failed to refund the deposited amount of Rs. 11,435=00 along with interest as per his claim.
It further appears that the complainant himself stated in the claim application that he along with his son, both have jointly made an application to Ops for a fixed deposit under Sahara Rajat Jojona on 15.01.2003 and the Ops have duly received the same amount by their authorized person against receipt No. 38611610769 and control No. 15869202614 and after receiving the same the Ops also issued a Pass Book having No. 303/001647898 in their name (Rajendra Mohan Majumder & Dhruvo Jyoti Majumder) where it was disclosed that the said amount received as advance for purchase of immovable property/products of Sahara India Corporation Limited and/or its business associates.
It also appears from the documents i.e. Pass Book-cum-Certificate that as per application No. 423001984765, Ops issued receipt in the name of Dhruvo Jyoti Majumder, son of the complainant, born on 08.01.1998 and also in the name of the complainant as joint applicant and further mentioned the scheme features, i.e. coupon and benefit amount shall be adjusted in the way i.e. No. (1) purchase of the house, (2) Air Sahara tickets with additional 10% discount, (3) Air time on Sahara T.V. with additional 10% discount, (4) Sahara Consumer Product with additional 5% discount, (5) Service charges at Amby Valley Sahara Lake City and Sunderban Project with additional 15% discount, when the complainant is not able to produce any separate policy certificate for fixed deposit amount of Rs. 11,435=00 with terms and condition i.e. the date when the fixed deposit will be matured and the total amount (entire matured amount) which the complainant will get after matured period and it also appears that the Pass Book-cum-Certificate shows that if any discrepancy appeared in that Pass Book-cum-Certificate, the complainant is entitled to report the same to the branch office immediately but here we find though complainant deposited the amount of Rs. 11,435=00 as fixed deposit but the Ops received the same as advance amount and at that time the complainant did not raise any objection regarding terms and condition of the said deposited amount, rather it appears from the claim application that he admitted the terms and condition of the Ops at that time and for that he stated in the claim application that he wants to avail services from the advanced amount which he deposited to the party and the Ops refused to accept the same deliberately, though agreed at the time of receiving the same amount from the complainant and accordingly he approached the OP on different occasion to provide service against the amount received by them as well as want to pay back the amount received by the Ops and the office of the OP assured the complainant to pay back the amount with interest but ultimately failed to return the amount and thereafter on 23.02.2016 son of the complainant, one of the joint account holder went to the office of Asansol and submitted withdrawal slip to withdraw the deposited amount as per advice and again approached to the office of the OP to get back the amount for which withdrawal slip was submitted on 23.02.2016 but still the Ops failed to return back the deposited amount with interest.
So on considering all the documents it is clear that the complainant himself is not aware for which he deposited the amount of Rs. 11,435=00 to the OP as because if he deposited it as fixed deposit then he should produce the relevant document but no such document is produced to prove the same and the present court also failed to consider as to why the complainant agreed the proposal issued by Ops claiming that amount deposited as advance amount and according to terms and condition the complainant is not entitled to return back all the deposited amount from Ops but he only can get benefit from the Ops if he wants to purchase Sahara products as per scheme features. Even the complainant also not able to produce the said application which he along with his son both have made on 15.01.2003 before the Ops for depositing amount of Rs. 11,435=00.
The complainant is also failed to prove the calculation by producing documents which the OP mentioned on withdrawal slip i.e. Rs. 16845 + Rs. 14569/- to be paid in respect of the deposited amount of Rs. 11435=00 under Sahara Rajat Jojona. Moreover, from this discussion we found that the claimant only praying Rs. 11,435=00 along with interest from the Ops and in his prayer portion he never mentioned the said amount as per withdrawal slip and ultimately never claimed the same.
So from the conduct of the complainant it is clear that the complainant was aware from the very beginning that he deposited the said amount as advance for taking some discount on Sahara products and also aware that they were not deposited the said amount as fixed deposit and for that reason he was silent since 15.01.2003 till 23.02.2016, i.e. the date when his son submitted withdrawal slip and it further appears that only to fill up his lacuna complainant stated that he went to Ops on several times for give back his deposited amount.
Under such circumstances, the complainant is not entitled to get back his amount from the Ops as per terms and condition of Pass Book-cum-Certificate and accordingly he is not entitled to get any relief from Ops.
Moreover, it appears that the case law as cited by the complainant is not at all applicable in this present application as there was a policy and according to the policy the complainant in that case is entitled to get death benefit of her husband but here no such policy was made in between the complainant and the Ops.
Furthermore, the prayer of the complainant is very clear that the amount actually he deposited as advance amount and not as fixed deposit.
Accordingly complainant is not able to succeed the present claim application thus the issue disposed off and liable to be dismissed.
Hence, it is
O r d e r e d
that the present Consumer Complaint being No. 161/2018 be and the same is dismissed ex parte against the Ops without any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Nivedita Ghosh) D.C.D.R.F., Purba Bardhaman
Member
D.C.D.R.F., Purba Bardhaman
(Nivedita Ghosh)
Member
D.C.D.R.F., Purba Bardhaman
