The brief fact of the case of the complainant are that the complainant is an investor of Sahara India Pariwar of Balurghat Sahara and invested Rs. 5000/- only under Sahara Q Shop plan H Scheme on 17/08/2012 and the O.P. is duly issued a certificate vide no. 562014616162 as per terms and conditions of the aforesaid scheme, the invested amount can be withdrawn after the expiry of six years. After the maturity i.e. the completion of six years the complainant went to the office of the O.P. and submitted the prayer on several times but the O.P. did not accept her prayer. The complainant then sent his prayer through registered post on 03/01/2019 to the O.P. thereafter on several occasion the complainant went to the office of the O.P. for getting his invested money along with maturity benefit and interest but in every occasions the O.P. took the new plea and did not pay the maturity amount to the complainant. Due to the non-payment of the maturity amount the Complainant suffered a irreparable loss and injury, finding no other alternative the complainant filed this instant case praying for passing on order directing the O.P. to make payment of Principal amount Rs. 5000/- along with maturity benefits and interest as per “Sahara Q Shop Plan-H” scheme plus compensation of Rs. 5000/- plus litigation cost of Rs. 3000/-.
Notice was issued upon the O.P. The O.P. appeared by filing written version wherein the averments made in the complaint are denied and it has been contended inter-alia that the instant case is not maintainable. It has been also stated that the apex court impose embargo on the movable and immovable properties of the Sahara Groups of companies and prays for dismissed of the instant case.
In this case complainant has submitted examination-in-chief supported by affidavit along with following documents by firisty.
- One original cash certificate dt. 17/08/2012 issued by Sahara Q Shop Unique Products Range Limited (Sahara India Pariwar), vide certificate No. 562014616162 amounting to Rs. 5000/- in the name of Sadhan Chandra Ghosh.
- Original postal Receipt vide no. RW 952561765IN dt. 03/01/2019.
- Money Receipt.
Opposite party has also submitted examination-in-chief by way of affidavit but no documents is submitted on the side of the O.P.
Points for Discussion
- Whether the complainant is a consumer to the opposite party?
- Whether there is any deficiency in service on the part of the opposite party?
- Whether the complainant is entitled to get any relief/reliefs as prayed for?
Decision with Reasons
Point No.- 1
The complainant invested a total sum of Rs. 5000/- under Sahara Q Shop Plan H Scheme on 17/08/2012. It is also admitted by the O.P. in his written version. So, there is no hesitation to hold that the complainant is a consumer under the provision of the C.P. Act, 1986.
Point No – 2 & 3
These two points are taken up together for discussion for the sake of convenience and brevity. This is admitted fact that the complainant had invested Rs. 5000/- to the O.Ps in Sahara Q Shop Plan-H Scheme on 17/08/2012 and the O.P. issued certificate vide no. 562014616162 to the complainant. As per the terms and conditions of the aforesaid scheme, the complainant can withdraw the invested amount at any time after the expiry of 6 years.
After maturity the complainant went to the office of the O.Ps and submit his prayer but the O.Ps office did not accept it. The complainant then sent his prayer through registered post on 03/01/2019, thereafter the complainant went to the office of O.Ps on several occasion or getting her maturity values of the invested amount but the O.P. did not pay the amount to the complainant.
On perusal of the complainant, written version, evidence and documents it is clear that the complainant has invested Rs. 5000/- for six years and entitled to get the principle amount along with interest as per the terms and conditions given in the back page of the certificate.
O.P. claimed that as per the terms and condition of the Sahara Q Shop plan H Scheme the Complainant did not purchase any goods of articles under the scheme although the deposited money as advance for purchasing goods. But after scrutiny of the terms and condition stated on the reverse page of the Certificate we do not find any materials to hold that for non-purchasing of articles under Q shop plan-H the investor will not entitled to get his investment amounts along with interest. Therefore, the maturity amounts of the aforesaid investment will be (5.000*2.13) = 10,663/- calculated as per the calculation given in the reverse page of the certificate. It is clear from the facts and circumstances of the case that the O.P. have not paid the aforesaid maturity amount to the complainant but the complainant is entitled to get the maturity amount of Rs. 10,663/- . We find that the complainant is a bona-fide consumer to the O.P. and non-payment of the invested amount compelled the complainant to file this instant case. There is no hesitation to hold that O.P. is liable for deficiency in service in not returning the sum invested by the complainant with the accrued as agreed upon by and between the parties.
Thus all the points are disposed of accordingly.
Hence it is
ORDERED
That the consumers complaint Case No-20/2019 is allowed on contest in part with cost against the O.P.
Opposite party is directed to pay a sum of Rs. 10,663/- as maturity value of the invested amount with interest @ 8% p.a. 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. is further directed to pay Rs. 2,000/- towards litigation cost in default the complainant is at liberty to execute the order as per law. Let a plan copy of this order be supplied to the parties forthwith free of cost.
