The brief facts of the complaint case is that the complainant is an investor of Sahara India Pariwar under Balurghat Franchaisee Branch,  Dakshin Dinajpur and he invested the amount of Rs.40800 .00 ( Rupees Forty thousand and eight hundred only) and Rs.79,344.00 ( Rupees seventy nine thousand three hundred and forty four only) under the scheme of “F 36 GOLDEN VM ” of  Humara India Credit Co-Operative Society Ltd.  on 15.02.2016  for a period of 36 months against which the opposite parties issued two certificates and the maturity date of above investments was on 15.02.2019 and the  maturity amount was Rs.62669.00 ( Rupees Sixty two thousand six hundred and sixty nine only) and Rs.121872.00 (Rupees one lakh twenty one thousand eight hundred  seventy two only) respectively.  After the date of maturity of the above said investments, the complainant went to the office of the Ops on several times and submits his prayer for withdrawal of the maturity amount. But the office of the Ops refused to give the receive copy. Thereafter the complainant send his prayer for claim of the maturity amount to the O.P. no 1 through the registered  post, vide postal receipt no. EW855386064IN ON 20/06/2019. Thereafter in different occasions the complainant went to the office of the O.P. no. 1 for getting his maturity amount of the aforesaid investments. But in every occasion the Ops took a new plea.  Till today the Ops did not pay the maturity amount to the complainant. Finding no other alternatives the complainant files this instant case against the Ops claiming the maturity amount of Rs. 62669.00 and Rs. 121872.00 along with interest and benefits as per the terms & conditions laid down in the scheme of F 36 GOLDEN VM, compensation of Rs 50,000.00 for mental pain & agony and litigation cost of Rs.20,000.00.   

            Notice was issued upon the Ops and the Ops 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 Ops that due to some litigation pending with SEBI and the Apex Court regarding the financial transaction of the Ops group imposed embargo on the movable immovable properties due to which the payment has remained stopped and the Ops crave leave of this Forum 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 two Certificates by firisti: -

2. Postal receipt vide no.EW855386064IN dated 20/06/2019.

            Ops have 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 Ops.     

                      Points for discussion

1. Is the complainant a consumer to the opposite parties?
2. Is there any deficiency in service on the part of the opposite parties?
3. Is the complainant entitled to get any relief/reliefs as prayed for?

                        DECISION  WITH  REASONS

Point No.1 This is admitted position that complainant invested a total sum of Rs. (40800 +79344) = Rs 120144 (one lakh twenty thousand one hundred forty four only) under of F 36 GOLDEN VM OF Humara India Credit Co-Operative Society Ltd. of the opposite parties, So, there is no hesitation to hold that the complainant is a consumer within the meaning under section 2 (1) (d) of Consumer Protection Act 1986.

 Point No.2 & 3 These two issues are taken up together for discussion for the sake of convenience and brevity. This is admitted position that the complainant had invested total amount of Rs. 1,20,144.00 (one lakh twenty thousand one hundred forty four only) under the scheme of F 36 GOLDEN VM of Humara India Credit Co-Operative Society Ltd.  of opposite parties on 15.02.2016 for a period of 36 months against which the opposite parties duly issued two certificates to the complainant. This is also admitted position that the maturity period of 36 months was already over on 15.02.2019. This is also not disputed that the complainant has not yet received any single furthering from the Ops against the aforesaid investments.

We have looked into the complaint, the written version of the Ops and evidence filed by the parties minutely. All these reveal that the complainant is a bona-fide consumer of the Ops and he is entitled to get maturity amount of Rs.(62669+121872) = Rs 1,84,541 (one lakh eighty four thousand five hundred forty one only)  together with interest as per terms and condition of the scheme but the Ops 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 Ops and their lies deficiency in service on the party of the Ops.

Accordingly all the points are decided in favour of the complainant against the Ops. Thus all the points are disposed of.

              Hence, it is

                                                O R D E R E D

             That the Consumer complaint Case No.83/2019 is allowed on contest in part with cost against the Ops. The Opposite parties are directed to pay a sum of Rs1,84,541.00 (one lakh  eighty four thousand five hundred forty one 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 Ops are further directed to pay a sum of Rs. 5000/- towards 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.